Kamlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2178 of 2026 Arising Out of PS. Case No.-47 Year-2013 Thana- KHUDWA District- Aurangabad ====================================================== Kamlesh Yadav S/o Late Kaial Yadav R/o Village- Padrahi Salempur, P.SRafiganj, Dist- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-03-2026 Heard Mr. Santosh Chandra Bhaskar, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 04.06.2025 in connection with Khudawan P.S. Case No. 47 of 2013, F.I.R. dated 18.10.2013 for the offences punishable under Sections 147, 148, 149, 427 and 302 of the Indian Penal Code and section 3/4 of the B.D.P.P. Act, Section 3, 4, 5 of Explosive Substance Act and section 17 of C.L.A. Act and section 10/20 of U.P.P.A. Act.
3. According to prosecution case, the informant alleged that on 17.10.2013, when she was returning with one Arun Pandey, then she saw her husband and other persons going in vehicle and after that a blast happened in which her husband
2/4 and other died. The informant identified the accused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused person, namely, Lallan Yadav and said Lallan Yadav has been granted regular bail by this Court vide order dated 31.01.2026 passed in Cr. Misc. No. 80242 of 2025 and several other co-accused persons have been granted bail by different coordinate Benches of this Hon'ble Court. He further submits that the Police after investigation submitted chargesheet against the petitioner and the petitioner is in judicial custody since 04.06.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail and submits that petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph 3 of bail petition that the petitioner is on bail in both the pending matters.
6. Considering the aforesaid facts and circumstances
3/4 and also the fact that the petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused person, namely, Lallan Yadav and said Lallan Yadav has been granted regular bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, DistrictAurangabad, in connection with Khudawan P.S. Case No. 47 of 2013, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for
4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T