Created by Fuzzy Cloud

Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions.

Summary

Raju Kumar was arrested on 19 November 2025 in connection with a case involving the alleged theft of a vehicle at gunpoint, charged under Sections 309(4) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner argued that he was not named in the FIR and that his inclusion in the charge sheet was based solely on a co‑accused’s confessional statement and a later confession recorded in the case diary, with no other incriminating material or a technical investigation report. The prosecution opposed bail, citing four prior criminal antecedents, though the petitioner was already on bail in those matters, and asserted that the petitioner had confessed to the offence. The court noted the lack of direct evidence, the petitioner’s non‑mention in the FIR, and the procedural deficiencies, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate of Muzaffarpur.

Issues considered

  • Whether bail should be granted when the accused is not named in the FIR and the only evidence is a co‑accused’s confession and the accused’s own recorded confession.
  • Whether the accused’s prior criminal antecedents justify denial of bail despite being on bail in other pending cases.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confession
  • co‑accused statement
  • prior criminal antecedents
  • Arms Act
  • Bihar Narcotic Substances Act
  • evidentiary standards

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16746 of 2026
                      Arising Out of PS. Case No.-133 Year-2025 Thana- Panapur District- Muzaffarpur
                 ======================================================
                 Raju Kumar S/o Harischandra Bhagat R/o vill - Karneji, P.S.- Belsar, Distt. -
                 Vaishali
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dilip Kumar Roy, Advocate
                 For the Opposite Party/s :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                      Heard Mr. Dilip Kumar Roy, learned counsel for the

                   petitioner and Mr. Anant Kumar 1, learned Additional Public

                   Prosecutor for the State.

                               2. 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 for the offences punishable

                   under Sections 309(4) and 3(5) of the BNS, 2023 and Section 27

                   of the Arms Act.

                               3.    According to prosecution case, some unknown

                   miscreants on the point of pistol took away the vehicle of the

                   informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The petitioner is not named in the F.I.R and his

                   name has been transpired during investigation on the basis of
Patna High Court CR. MISC. No.16746 of 2026(2) dt.17-03-2026
                                            2/3




          confessional statement of the co-accused, namely, Badal Kumar

          and thereafter, the petitioner has also confessed his guilt in the

          present occurrence which was recorded in paragraph no. 93 of

          the case diary. Except the aforesaid, no other material has come

          during investigation which suggest the involvement of the

          petitioner in the present occurrence and till date no T.I.P has

          been conducted by the prosecution. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 19.11.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries four criminal antecedents other

          than the present one but fairly submits that he is on bail in all

          the pending matters and apart from that the petitioner has

          confessed his guilt in the present occurrence.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner is not named in the F.I.R and his name has

          been transpired on the basis of confessional statement of the co-

          accused person, 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

          the learned Judicial Magistrate 1st Class cum A.M-10,
            Patna High Court CR. MISC. No.16746 of 2026(2) dt.17-03-2026
                                                        3/3




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

                      133 of 2025, subject to 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 absence on two consecutive dates without sufficient

                      reason, his 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)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.