Patna High CourtCR. MISC./65/2026bail granted

Kamlesh Kumar v. The State Of Bihar

2026-02-13Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65 of 2026 Arising Out of PS. Case No.-355 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Kamlesh Kumar Son of Ram Awadh Mahto Resident of village - Rajwara, P.S.- Sahebganj, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sagar Kumar, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1) and 3(5) of the B.N.S..

3. As per prosecution case, on 02.07.2025 at about 10 PM in the night, husband of informant went to attend call of nature but did not return. After lot of search, on the 04.07.2025 at about 4:30 PM, dead body of husband of informant was recovered from Chikna Chaur.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.65 of 2026(2) dt.13-02-2026 2/3 petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation only on the basis of confessional statement of co-accused Mamta Devi. Even as per confessional statement of co-accused Mamta Devi, it was co-accused Rahul Kumar who assaulted the deceased. Moreover, co-accused Mamta Devi has already been granted bail by this Hon'ble Court vide order dated 19.11.2025 passed in Cr. Misc. No. 78529 of 2025. Charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 08.07.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, materials that have surfaced during course of investigation, claim based on parity, clean antecedents of the petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner 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 learned Additional District and Sessions Judge-

Patna High Court CR. MISC. No.65 of 2026(2) dt.13-02-2026 3/3 XI, Muzaffarpur in connection with Sahebganj P.S. Case No. 355 of 2025.

(Prabhat Kumar Singh, J) shashank/- U T