Patna High Court

Tonu kumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Tonu Kumar, was arrested in connection with a case registered under Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act, 2023, for allegedly attempting to sell a stolen mobile phone. He claimed innocence and sought bail, acknowledging a prior criminal antecedent in another case. The State opposed the bail application. The High Court considered the facts, the petitioner’s antecedent, and the seriousness of the offences, and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount. The Court imposed conditions that the petitioner must attend the police station every Sunday and that his antecedent be verified before accepting the bail bonds. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

Whether bail should be granted to the accused under Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act, 2023, considering his prior criminal antecedent.
Whether the conditions imposed (surety amount, attendance requirement, verification of antecedent) are appropriate for the grant of bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 303(2), 317(2)

Subjects

bail
criminal procedure
Bihar Narcotic Substances Act
Section 303(2)
Section 317(2)
antecedent
surety
attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21169 of 2026
                      Arising Out of PS. Case No.-598 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Tonu kumar Son of Raju Saw Resident of village- Behind Malasalami
                 Railway Line, Ps- Malsalami Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bindeshwar Prasad Singh
                 For the Opposite Party/s :       Mr.Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Malsalami P.S. Case No. 598 of 2025 registered for the offence

                   under Sections 303(2), 317(2) of BNS, 2023.

                                  3. As per the prosecution case, the petitioner and

                   other accused person were caught when they were trying to sell

                   stolen mobile phone.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 23.11.2025. He

                   further submits that the petitioner has one criminal antecedent

                   bearing Malsalami P.S. Case No. 194 of 2025.

                                 5. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.21169 of 2026(2) dt.06-04-2026
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                        6. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Malsalami P.S. Case No. 598 of

          2025.

                        7. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Malsalami Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       8. As the petitioner claims to have one antecedent, the

          Court below, before accepting the bail bonds of the petitioner is

          directed to verify the antecedent of the petitioner. If the

          petitioner is found to be involved in any other case except the

          present case and the one mentioned in paragraph no. 4 of this

          order then the bail bonds of the petitioner shall not be accepted.

                       9. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at

          any subsequent stage of the trial and this Court has not
          Patna High Court CR. MISC. No.21169 of 2026(2) dt.06-04-2026
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                    expressed any opinion on the merits of the case.



                                                                    (Sandeep Kumar, J)
Vikas/-

U

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