Patna High Court
Md. Numan Khan @ TipuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 34, 414
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)B, 25
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
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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
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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.
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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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