Patna High Court
Salman HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions, with the power to cancel if he does not cooperate with the investigation.
Summary
Salman Hussain, a 22‑year‑old resident of Sonbarsa, was named in an FIR (Panapur PS Case No. 365 of 2025) for an alleged robbery attempt and charged under Section 309(4) of the Bihar Narcotic Substances Act, 2023. The petitioner argued that the only material linking him to the crime was the confessional statement of an apprehended accused, which he claimed has no evidentiary value, and highlighted his clean antecedents. He sought anticipatory bail, asserting that he would cooperate with the investigation and that his arrest would jeopardise his future. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.25,000 with two sureties, one of whom must be the petitioner’s father, and conditioned the bail on the petitioner’s cooperation with the investigation, with provision for cancellation if he fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted when the only link to the accused is a confessional statement of another accused.
- Whether the petitioner’s clean antecedent and cooperation prospects justify bail under Section 438 of the Cr.P.C.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309, 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 309(4)
- confessional statement
- clean antecedent
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17085 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- PANAPUR District- Saran
======================================================
Salman Hussain S/O Salamu Din Resident of Villl- Sonbarsa, Sonbarsa, PO-
Dumarshan Bangra, District- Saran, State- Bihar-841410
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Robin Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 309(4) of the
BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a young boy aged about 22 years and is a person
with clean antecedent and the informant alleges that on
19.12.2025 he came out of the bank after withdrawing money
when he was intercepted by three unknown accused who tried to
rob him but on alarm the villagers gathered and the accused fled
with his bag thinking money was in the bag but the money was
saved since the informant had kept the money in his pocket.
4. Learned counsel for the petitioner submits that FIR
is against unknown and the name of the petitioner transpired in
Patna High Court CR. MISC. No.17085 of 2026(2) dt.09-04-2026
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the confessional statement of apprehended accused in police
custody which does not have any evidentiary value in the eye of
law. It is further submitted that petitioner is a young boy, aged
about 22 years and is a person with clean antecedent and if he is
sent to judicial custody based on his name transpiring in the
confessional statement of apprehended accused, his entire career
would get jeopardized and chances are bright that he may come
in contact with the hardened criminals. It is next submitted that
if the privilege of anticipatory bail is granted to the petitioner,
the petitioner will not abscond rather will cooperate in the
investigation to prove his innocence. It is also submitted that
even presuming what has been alleged is true without admitting
then this is the first offence of the petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
Patna High Court CR. MISC. No.17085 of 2026(2) dt.09-04-2026
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pending/Successor Court in connection with Panapur P.S. Case
No. 365 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. One of the bailors of the petitioner shall be his
father, namely, Salamu Din.
8. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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