Patna High Court
Nandan Kumar @ Nandan Das @ Nandan Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond and verification of his criminal antecedent under Section 482(2).
Summary
The petitioner, Nandan Kumar, sought bail fearing arrest in a Jhajha police case alleging offences under Sections 140(2), 3(5) and 61(2) of the Bihar Narcotic Substances Act, 2023. He was not named in the FIR; his name emerged only from the confessional statements of co‑accused Suraj Ram and Ajeet Kumar during investigation. The State opposed bail, arguing the seriousness of the alleged narcotic offences and the petitioner’s existing bail in another case. The Court noted the lack of direct FIR accusation and reliance solely on confessional statements, and ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the Act. The bail order also stipulated cancellation of the bond if the petitioner concealed any prior criminal record.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is implicated through confessional statements of co‑accused.
- Whether the existence of a pending bail in another case affects the grant of bail in the present matter.
- Whether Section 482(2) of the Bihar Narcotic Substances Act, 2023, authorises the court to condition bail on verification of criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 140(2), 3(5), 482(2), 61(2)
Subjects
- bail
- confessional statement
- FIR
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- narcotic offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14358 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Nandan Kumar @ Nandan Das @ Nandan Kumar Das S/o Kailash Das R/o
Village- Skahal Nowathika, Police Station- Laxmipur, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Jhajha P.S. Case No.416 of 2025, for having allegedly
committed offences under Sections 140(2), 3(5) and 61(2) of the
B.N.S., 2023.
3. As per the prosecution story, on 25.08.2025, when
the informant’s younger brother, Devashish Ganguly went for
bringing milk but did not return then he started inquiring about
his younger brother, upon which he received information from
Sonu Yadav that four unknown persons forcibly took away his
brother in a Toto towards Mohanpur police station and one
Bipin Ravidas was seen near the place of occurrence.
4. The learned counsel for the petitioner submits that
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the petitioner is not named in the First Information Report and
his name transpired during course of investigation in the
confessional statement of co-accused, Suraj Ram, who was
arrested during course of investigation. Except the confessional
statement of co-accused Suraj Ram, nothing has come during
course of investigation. It is further submitted that apart from
the present case, the petitioner is an accused in Laxmipur P.S.
Case No.100 of 2024 in which he is on bail.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having heard the rival submissions of the parties
and after going through the materials, it appears that the
petitioner was not named in the First Information Report
however, his name transpired during course of investigation on
the confessional statement of Ajeet Kumar and Suraj Ram
which have been recorded during course of investigation.
Further, the younger brother of the petitioner was released after
sometime on the same day.
7. Taking into consideration the facts aforesaid, let
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing a
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
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sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Jamui in connection with Jhajha P.S.
Case No.416 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S. with a further condition that:-
The learned court concerned 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 concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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