Kunal Kumar @ Chelu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89497 of 2025 Arising Out of PS. Case No.-391 Year-2025 Thana- DEEPNAGAR District- Nalanda ====================================================== Kunal Kumar @ Chelu Son of Raj Kumar R/o - Danapur Daldali Road, P.S. - Danapur, Dist. - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 Heard Mr. Ghanshyam Tiwary, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

2. The petitioner has prayed for bail in connection with Deep Nagar P.S. Case No. 391 of 2025 registered for the offence punishable under Sections 115(2), 310(4), 324(4), 352, 310(2), 317(2), 61(2) of the B.N.S., 2023.

3. The case of the prosecution in short is that five armed miscreants entered in Shri Ram Finance Limited Company. They started assaulting the employees of the company and demanded the key of the locker. They said that the key is with the branch manager. They searched for the key in the room of the branch manager, but they did not get the same. After that, they vandalized the office and broke the system and also

Patna High Court CR. MISC. No.89497 of 2025(2) dt.15-01-2026 2/3 broke the CCTV camera. All the employees were locked in the toilet.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from perusal of the seizure list, it will transpire that from the possession of this petitioner, a key was recovered. He also submits that this seizure is beyond the FIR. As per the FIR, the miscreants could not get the key, whereas from the seizure list, it is clear that the key has been recovered from the possession of this petitioner. It has also been submitted that while making the seizure, police have not followed Section 105 of the BNSS, which is mandatory in nature. He further submits that there is also the confessional statement of the petitioner during the course of the investigation and that the allegation is only that of an attempt, which is not supported by the seizure as well. He further submits that the petitioner is languishing in judicial custody since 12.09.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case.

Patna High Court CR. MISC. No.89497 of 2025(2) dt.15-01-2026 3/3

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Deep Nagar P.S. Case No. 391 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T