Patna High Court
Badal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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