Kaushal Kishore Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Kaushal Kishore Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Bhagalpur, subject to cooperation in the disposal of trial; bail bond to be accepted only after verification of the petitioner's criminal antecedents, and not to be accepted if he is found involved in any other case.

Issue for consideration

Whether the petitioner, Kaushal Kishore Kumar, is entitled to regular bail in connection with Mojahidpur P.S. Case No. 82 of 2025 registered under Section 111 of the BNS and Sections 8(C), 21(b) and 22 of the N.D.P.S. Act, 1985.

Court's answer

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Bhagalpur, in connection with Mojahidpur P.S. Case No. 82 of 2025.

Ratio / Principle

The bail is subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Key takeaways

Before accepting the bail bond, the learned Court below shall verify the criminal antecedent of the petitioner.ratio¶20
If the petitioner is found involved in any case other than the present one, his bail bond shall not be accepted.ratio¶20

Detailed headnote1 paragraphs

Regular bail granted — Offences punishable under Section 111 of the BNS and Sections 8(C), 21(b) and 22 of the N.D.P.S. Act, 1985 (Mojahidpur P.S. Case No. 82 of 2025, District Bhagalpur) — prosecution story of recovery of 12.50 grams of brown sugar from the house of the petitioner's aunt (mausi), not from his conscious possession — petitioner pleaded innocence, parity with co-accused Sonu Kumar Singh granted regular bail by a co-ordinate Bench vide order dated 26.11.2025 in Cr. Misc. No. 63916 of 2025, clean antecedents and custody since 02.07.2025 — learned APP opposed the prayer — bail allowed on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Bhagalpur, subject to cooperation in the disposal of trial — further directed that before accepting the bail bond the court below shall verify the petitioner's criminal antecedents and shall not accept the bond if he is found involved in any case other than the present one. (Nawneet Kumar Pandey, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57508 of 2025

Arising Out of PS. Case No.-82 Year-2025 Thana- MOUZAHIDPUR District- Bhagalpur

======================================================

Kaushal Kishore Kumar Son of Late Pramod Mandal Village- Goradiah, PsGoradiah, Dist- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh For the State : Mr. Sanjay Kumar Pandey ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 07-01-2026

Heard learned counsel for the petitioner as well as

learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Mojahidpur P.S. Case No. 82 of 2025, registered for the offences punishable under Section 111 of the BNS and Sections 8(C), 21(b) and 22 of N.D.P.S. Act, 1985

As per the prosecution story, total 12.50 grams of brown sugar was recovered from the house of the petitioner’s aunt ( mausi ).

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. Recovery has been made from the house of petitioner’s aunt (mausi) and not from the conscious possession of the petitioner. Learned counsel has further submitted that similarly situated coaccused person, namely, Sonu Kumar Singh has been granted privilege of regular bail by a co-ordinate Bench of this Hon’ble Court

Patna High Court CR. MISC. No.57508 of 2025(3) dt.07-01-2026 2/2

vide order dated 26.11.2025 passed in Cr. Misc. No. 63916 of 2025 and case of this petitioner stands on similar footing as in the case of co-accused, Sonu Kumar Singh. The petitioner is a person of clean antecedent and is in custody since 02.07.2025.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Bhagalpur in connection with Mojahidpur P.S. Case No. 82 of 2025, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned Court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any case other than the present one, his bail bond shall not be accepted.

(Nawneet Kumar Pandey, J)

priyanka/-

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