Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions, finding that his clean antecedent and lack of direct FIR naming justified release.
Summary
The petitioner, Amresh Kumar, was arrested on 9 August 2025 in connection with a case involving the alleged abduction of Md. Aslam. The FIR, registered under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, 2023, was later amended to include additional sections. The prosecution’s case is based on a written complaint by Sarfun Khatoon and the confession of a co‑accused, while the petitioner claims he is not named in the FIR and has a clean antecedent. The petitioner’s counsel argued that the only basis for his accusation is the co‑accused’s confession and that no other material links him to the crime. The court considered the petitioner’s clean record, the lack of his name in the FIR, and the circumstances of the confession, and consequently ordered his release on bail with specific conditions. The bail bond was set at Rs.10,000 with two sureties and conditions regarding cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite his confession and being implicated during investigation
- Whether the petitioner’s clean antecedent and absence of his name in the FIR warrant bail
- What conditions are appropriate for bail under the Bihar Narcotic Substances Act, 2023
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 137(2), 140(1), 140(3), 238, 31(2)
Subjects
- bail
- confession
- clean antecedent
- chargesheet
- investigation
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15072 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Amresh Kumar Son of Late Chandan Kumar Singh R/o Village - Harpur, P.S.
- Hathauri, Distirct - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arinjay Kumar, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr.Arinjay Kumar, learned counsel for the
petitioner, learned counsel for the informant and Mr.Anand
Kishore Choudhary, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
09.08.2025 in connection with Hathauri P.S. Case No. 131 of
2025, F.I.R. dated 07.08.2025 registered for the offence
punishable under Sections 137(2)/140(3) of BNS, 2023. Later
on Sections 140(1),103(1),238 and 31(2) of BNS has been
added.
3. According to prosecution case, it is evident that this
case has been registered against one Raja Babu, on the basis of
written complaint of Sarfun Khatoon, who has alleged that on
05.08.2025 at about 05.00 pm, her son Md. Aslam was sitting at
Darwaja, meanwhile her neighbour Raja Babu reached and took
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her son Md. Aslam on his motorcycle on the pretext of
excursion but her son did not return till late night. During course
of search, mobile phone of her son was found switched off.
Thereafter, call was made on the mobile phone of Raja Babu but
he did not respond. In the morning of 06.08.2025, informant
reached house of Raja Babu and asked whereabouts of her son
but he did not give any satisfactory reply.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Petitioner is not
named in the FIR. The FIR has been registered against co-
accused person and petitioner has been made accused in the
present case merely on the basis that he has confessed his guilt
in the police custody thereafter the petitioner has confessed his
guilt and except the aforesaid, no other cogent material has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 09.08.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner was involved in the present crime in question and
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more witnesses have supported the case of the prosecution
against the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, petitioner is not named in the FIR, name of the
petitioner has been transpired during investigation on the basis
of confessional of the co-accused person and thereafter the
petitioner has confessed his guilt, 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 Chief Judicial Magistrate,
Muzaffarpur in connection with Hathauri P.S. Case No. 131 of
2025, with the 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
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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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