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Patna High Court

Md. Numan Khan @ TipuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Md Numan Khan, applied for anticipatory bail in a narcotics case (PS Case No. 323 of 2021) where he was alleged to be involved in the possession of brown sugar under Sections 414 and 34 of the IPC and Sections 20(b)(ii)B and 25 of the NDPS Act. The only link to the petitioner was a confessional statement of a co‑accused; no other material evidence was found. The petitioner asserted a clean antecedent and pledged cooperation with the investigation, while the State argued that he might abscond. The Court examined whether a confession alone suffices to deny bail and considered the risk of non‑cooperation. It granted anticipatory bail subject to a Rs 50,000 bond, two sureties, and conditions that bail may be cancelled if the petitioner fails to cooperate or if a charge‑sheet connecting him beyond the confession is filed. The virtual appearance of the Senior Superintendent of Police was dispensed with.

Issues considered

  • Whether anticipatory bail can be granted when the only evidence against the petitioner is a co‑accused's confessional statement.
  • Whether the petitioner is likely to abscond or fail to cooperate with the investigation.
  • Whether bail can be conditioned on future cooperation and the possibility of cancellation upon filing of a charge‑sheet.

Legislation cited

Subjects

  • anticipatory bail
  • confession
  • narcotics
  • IPC
  • NDPS Act
  • bail conditions
  • co‑operation
  • abscond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12526 of 2026
                      Arising Out of PS. Case No.-323 Year-2021 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Md. Numan Khan @ Tipu Son of Md. Usman Khan R/o Mohalla -
                 Habibpur(Dakhin Tola), P.S. - Habibpur, Distt. - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. S.M. Ashraf, Sr. Advocate
                                                  Mr. Rana Hason, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   04-05-2026                   1. Heard learned Senior counsel for the petitioner Mr.

                   S.M. Ashraf and learned APP for the State Mr. Chandra

                   Bhushan Prasad.

                                 2. The petitioner seeks bail in anticipation of his arrest

                   in Sabour P. S. Case No. 323 of 2021 registered for the offences

                   punishable under Sections 414 and 34 of the Indian Penal Code

                   and Sections 20(b)(ii)B/ 25 of the Narcotic Drugs and

                   Psychotropic Substances Act, 1985.

                                 3. The Senior Superintendent of Police, Bhagalpur

                   was connected through virtual mode.

                                 4. The learned Senior counsel appearing on behalf of

                   the petitioner submits that petitioner is a person with clean

                   antecedent and the informant alleges that several accused were
Patna High Court CR. MISC. No.12526 of 2026(4) dt.04-05-2026
                                            2/4




          apprehended with Brown Sugar from the place of occurrence,

          namely, Gautam Mandal, Pankaj Sah, Md. Gulab Alam, Md.

          Athar and Md. Tanweer with 98 pouches and they were found

          carrying 230 grams, 422 grams, 45 grams and 45 grams of

          Brown Sugar respectively. It is submitted that petitioner was not

          present at the place of occurrence and his name transpired in the

          confessional statement of Pankaj. It is further submitted that

          confessional statement of an accused in police custody does not

          have any evidentiary value.

                       4. The State was directed to file a counter affidavit.

                       5. A counter affidavit has been filed on behalf of the

          State and from perusal of the same, it manifests that name of the

          petitioner transpired based on confessional statement of

          apprehended accused and thereafter no material was collected

          during the course of investigation connecting the petitioner with

          the offence, as such, the Senior Superintendent of Police,

          Bhagalpur was directed to remain present through virtual mode.

                       6. The Senior Superintendent of Police, Bhagalpur

          submits that uptil now apart from confession, no material has

          transpired connecting the petitioner with the offence, but then

          investigation in the case is continuing. It is also submitted that

          if privilege of anticipatory bail is granted, the petitioner may
Patna High Court CR. MISC. No.12526 of 2026(4) dt.04-05-2026
                                            3/4




          abscond, on which the learned Senior counsel appearing on

          behalf of the petitioner submits that petitioner will not abscond

          rather will cooperate in the investigation to prove his innocence.

                       7. Learned A.P.P. for the State opposes the

          anticipatory bail application of the petitioner.

                       8. After hearing the learned counsel for the parties, the

          petitioner above-named, in the event of his arrest or surrender

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 50,000/-

          (Rupees Fifty Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/successor court in connection with Sabour P.S. Case

          No. 323 of 2021 subject to the conditions as laid down under

          Section 482 (2) of BNSS.

                       9. One of the bailors of the petitioner shall be his

          father namely Md. Usman Khan.

                       10. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the

          learned Trial Court bringing to its notice that petitioner despite

          giving assurance to this Court is not co-operating in the

          investigation, in that event the learned Trial Court shall be at

          liberty to cancel the bail bonds of the petitioner.
            Patna High Court CR. MISC. No.12526 of 2026(4) dt.04-05-2026
                                                        4/4




                                   11. It is further made clear that if charge sheet is

                      submitted connecting the petitioner with the offence, apart from

                      confession, in that event the present anticipatory bail order shall

                      lose its effect.

                                   12. It is clarified that if charge sheet is submitted

                      against the petitioner connecting him with the offence only

                      based on confession, in that event, the present anticipatory bail

                      order shall continue.

                                   13. Accordingly,           the    instant   anticipatory   bail

                      application stands allowed.

                                   14.    The      virtual     appearance      of   the   Senior

                      Superintendent of Police, Bhagalpur is dispensed with.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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