Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner on condition of a bail‑bond and two sureties.
Summary
The petitioner, Bhola Kumar, was arrested for alleged offences under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023, relating to the abduction and subsequent death of an informant's son. The prosecution’s case is based on a ‘last seen’ scenario with no eye‑witnesses. The petitioner, who has been in custody since 11‑Nov‑2025 and claims a clean antecedent, sought bail, citing that a co‑accused, Arun Kumar Rajak, had already been released on bail in a similar case. The State opposed the bail application. The Court, after considering the nature of the accusation and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 despite the seriousness of the alleged offence.
- Whether the absence of an eye‑witness and the ‘last seen’ nature of the case justify bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Section 103
- Section 3
- Bihar Narcotic Substances Act
- last seen doctrine
- clean antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1597 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Bhola Kumar Son of Milan Paswan Resident of Village- Noor Chhapra, P.S.-
Rampur Hari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K.
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1), 3(5) of the B.N.S., 2023.
3. As per prosecution case, on 20.05.2025 at 10 PM,
petitioner along with other named accused persons took away
son of informant and on the next morning, his dead-body was
recovered.
4. Learned counsel for the petitioner submits that
there is no eye-witness to the occurrence and it is a case of ‘last
seen’ with the deceased. Similarly situated co-accused Arun
Kumar Rajak has already been granted bail by this Court, vide
order dated 09.12.2025 passed in Cr.Misc. No. 73465 of 2025.
Petitioner is in custody since 11.11.2025 and claims clean
antecedent.
Patna High Court CR. MISC. No.1597 of 2026(2) dt.13-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner 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
J.M. 1st Class, Court No. 8 (East) Muzaffarpur / concerned
Court in connection with Minapur P.S. Case No. 192 of 2025.
(Prabhat Kumar Singh, J)
anay/-
U T
Checking your session…