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Patna High Court

Badal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Badal Kumar was arrested on 19 November 2025 in connection with a case registered under Sections 309(4), 3(5) of the BNS and Section 27 of the Arms Act, although his name does not appear in the FIR. The petitioner contended that he was falsely implicated based on a confessional statement and that no third‑information‑report (TIP) had been filed against him. The State opposed bail, noting that the petitioner has four other pending cases, though he is already on bail in those matters. The court observed that similarly situated co‑accused had been granted bail, that the petitioner was not named in the FIR, and that no TIP had been filed, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to a person not named in the FIR but implicated through a confessional statement.
  • Whether the absence of a TIP and the grant of bail to co‑accused warrant bail in the present case.
  • Whether the petitioner’s other pending cases affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • Arms Act
  • investigation
  • TIP
  • co-accused
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12791 of 2026
                      Arising Out of PS. Case No.-133 Year-2025 Thana- Panapur District- Muzaffarpur
                 ======================================================
                 Badal Kumar S/O Suresh Pandit R/o Village- Karneji Bindeshwar Patti, P.s.-
                 Belsar, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saurav Kumar, Advocate
                 For the Opposite Party/s :        Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   03-07-2026                  Heard Mr.Saurav Kumar, learned counsel for the

                   petitioner and Mr.Ram Naresh Ray, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   19.11.2025 in connection with Panapur Kariyat P.S. Case No.

                   133 of 2025, F.I.R. dated 25.08.2025 registered for the offence

                   punishable under Sections 309(4), 3(5) of BNS and Section 27

                   of Arms Act.

                                3. The FIR of the occurrence of loot is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is not named in the FIR. The name of the petitioner

                   has been transpired during investigation on the basis of the self-
Patna High Court CR. MISC. No.12791 of 2026(5) dt.03-07-2026
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          confessional statement of the petitioner and till date no TIP has

          been conducted by the prosecution. Further submits that

          similarly situated co-accused persons, namely, Raju Kumar and

          Ravi Kumar have been granted bail by this Court vide orders

          dated 17.03.2026 and 01.05.2026 passed in Cr. Misc.

          Nos.167467 of 2026 and 18925 of 2026 respectively. The

          police, after investigation, submitted the chargesheet against the

          petitioner and the petitioner is in custody since 19.11.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries four more cases other than the present one but

          fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the supplementary affidavit.

                       6. Considering the aforesaid facts, petitioner is not

          named in the FIR, till date no TIP has been conducted by the

          prosecution, similarly situated co-accused persons have been

          granted bail by this Court as well as the period of custody, let

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

          bail bond of Rs.10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Judicial

          Magistrate, 1st Class (J.M.F.C.), Muzaffarpur West in connection

          with Panapur Kariyat P.S. Case No. 133 of 2025, with the
               Patna High Court CR. MISC. No.12791 of 2026(5) dt.03-07-2026
                                                           3/3




                         following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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