Patna High Court
Badal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, holding that the confessional statement of the co‑accused did not constitute sufficient ground for denial of bail.
Summary
The petitioners – Badal Kumar, Bajrangi Mahto and Kishlay Raj – applied for regular bail in a case registered under section 309(4) of the Bihar Narcotic Substances Act, 2023, alleging that they were falsely implicated based on a confessional statement of a co‑accused, Chandrashekhar. The prosecution’s case was that unknown miscreants had looted an informant, and the FIR named only the co‑accused, with no material recovered from the petitioners. The petitioners argued that apart from the confessional statement, there was no evidence against them, and that similarly situated co‑accused had been granted bail in Cr. Misc. No. 88130 of 2025. The State opposed the bail, but the court noted the lack of substantive evidence, the petitioners’ custody since 5 August 2025, and the precedent of bail being granted in analogous cases. Consequently, the court ordered the release of all three petitioners on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail under section 309(4) of the Bihar Narcotic Substances Act, 2023 despite the confessional statement of a co‑accused.
- Whether the confessional statement alone suffices to justify continued detention.
- Whether prior criminal antecedents of one petitioner affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4)
Subjects
- regular bail
- confessional statement
- criminal antecedents
- Bihar Narcotic Substances Act
- section 309(4)
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10366 of 2026
Arising Out of PS. Case No.-392 Year-2025 Thana- BYPASS District- Patna
======================================================
1. Badal Kumar son of Ram Ratan Mahto Resident of Village -Badi Pahari, PS
-Agamkuan, Dist -Patna
2. Bajrangi Mahto son of Bharosa Mahto Resident of Village -Badi Pahari, PS
-Agamkuan, Dist -Patna
3. Kishlay Raj son of Sunil Kumar Gupta Resident of Village - March Road,
Marchi Purana Loha Lane Factory Ps- Bye Pass, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 309
(4) of the BNS, 2023.
3. The case of the prosecution, in short, is that
unknown miscreants have looted the informant.
4. Learned counsel for the petitioners submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
F.I.R. was lodged against unknown miscreants. During the
Patna High Court CR. MISC. No.10366 of 2026(2) dt.20-02-2026
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course of investigation, one Chandrashekhar is said to have
made a confessional statement and on the basis of the said
confessional statement, the present petitioners have been
implicated in this case. It is further submitted that save and
except the confessional statement of the co-accused, there is
nothing against the petitioners. No recovery has been made from
the possession of these petitioners; rather, recovery has been
made from the possession of Chandrashekhar. It is further
submitted that Petitioner No. 1 has five criminal antecedents,
whereas Petitioner Nos. 2 and 3 have no criminal antecedents. It
has also been submitted that similarly situated co-accused have
been granted bail by a learned Co-ordinate Bench vide orders
dated 30.01.2026 passed in Cr. Misc. No. 88130 of 2025. The
case of the petitioners stands on similar footing. They are in
custody since 05.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with By Pass P.S. Case No. 392 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) each with
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two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Patna City.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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