Patna High Court

Boby KumarversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with conditions, finding that the circumstances did not warrant continued detention.

Summary

Boby Kumar was arrested in connection with a theft of a motorcycle, alleged under Section 303(2) of the Bihar Narcotic Substances Act. The prosecution claimed the bike was recovered from him, while the petitioner asserted he was falsely implicated, not the owner of the recovered bike, and that the only incriminating evidence was a confessional statement. He has been in judicial custody since September 23, 2025, and the State opposed bail citing five prior criminal cases. The court, after hearing both sides, found the evidence insufficient to deny bail and ordered that the petitioner be released on bail, subject to cooperation with the trial, regular physical presence, weekly attendance at the police station, and a bond of Rs.10,000 with two sureties. The bail order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 303(2) of the Bihar Narcotic Substances Act despite the existence of a confessional statement and prior criminal antecedents.

Legislation cited

Bihar Narcotic Substances Act — s. 303(2)

Subjects

bail
Section 303(2)
Bihar Narcotic Substances Act
confessional statement
prior criminal antecedent
judicial custody
police seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17218 of 2026
                     Arising Out of PS. Case No.-137 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Boby Kumar S/o- Shalendar Ray Resident of Chautham PS- Chautham
                 District- Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Chautham P.S. Case No. 137 of 2025 registered for the

                   offence punishable under Section 303(2) of the B.N.S.

                                3. The case of the prosecution in short is that some

                   unknown miscreants have lifted the bike of this petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has further submitted

                   that petitioner has been remanded in this case from Chautham

                   P.S. Case No. 134 of 2025. Learned counsel for the petitioner

                   has further submitted that police has also extracted confessional
Patna High Court CR. MISC. No.17218 of 2026(2) dt.18-03-2026
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          statement of the petitioner. Save and except the confessional

          statement, there is nothing against the petitioner. From perusal

          of the order of the learned trial court it transpires that

          informant’s motorcycle was recovered from the petitioner but

          from perusal of the seizure list it shows that the recovery was

          made behind the shop of Ritesh Kumar from a maize field.

          Learned counsel for the petitioner has submitted that the

          petitioner is neither Ritesh Kumar nor the maize field belongs to

          him. The witnesses of the seizure list are police personnel.

          Learned counsel for the petitioner has lastly submitted that the

          petitioner is in judicial custody since 23.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of five cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition that

          the petitioner shall co-operate in the trial and shall remain

          physically present on each and every date and shall also mark

          his weekly attendance at Chauthan P.S. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
            Patna High Court CR. MISC. No.17218 of 2026(2) dt.18-03-2026
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                      of the like amount each to the satisfaction of the learned Chief

                      Judicial Magistrate, Khagaria in connection with Chautham P.S.

                      Case No. 137 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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