Patna High Court
Pramod Kumar @ Pramod DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on furnishing a bond of Rs 10,000 with specified conditions.
Summary
The petitioner, Pramod Kumar, was arrested on 16 October 2025 in connection with a case registered on 16 September 2025 for an offence punishable under Sections 309(4) read with 3(5) of the Bihar Narcotic Substances Act, 2023. He was not named in the FIR; his name emerged only from the confessional statement of a co‑accused, Kamlesh Das, and no material has been recovered from his possession. No Turn‑In‑Possession (TIP) investigation has been conducted, yet a chargesheet was filed and the petitioner has remained in custody. The State opposed bail, noting that the petitioner has two other pending cases, although he is already on bail in those matters. The Court observed that the lack of direct evidence and the absence of a TIP justified granting bail, subject to a bond of Rs 10,000 and specific conditions. Accordingly, the petitioner was released on bail with conditions to cooperate with the trial, appear before the court, and not tamper with evidence or conceal his criminal antecedent. The order also directed that verification of his antecedent should not delay the acceptance of the bail bond.
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 confessional statement.
- Whether the absence of a TIP investigation and lack of recovered material justify bail despite pending charges.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4), 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- FIR
- Section 309
- Section 3
- Bihar Narcotic Substances Act
- conditions of bail
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17726 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- Chakmesi District- Samastipur
======================================================
Pramod Kumar @ Pramod Das S/O Shankar Das Resident of Village-
Lagunia Raghukanth Ward no. -46, PS- Samastipur Muffasil, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr.Raja Ram Mishra, learned counsel for the
petitioner and Mr.Tapeshwar Sharma, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
16.10.2025 in connection with Chakmehsi P.S. Case No. 151
of 2025, F.I.R. dated 16.09.2025 registered for the offence
punishable under Sections 309(4) read with Section 3(5) of
BNS, 2023.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. The name of
the petitioner has been transpired during investigation on the
Patna High Court CR. MISC. No.17726 of 2026(2) dt.17-03-2026
2/3
basis of the confessional statement of co-accused person,
namely, Kamlesh Das and nothing has been recovered from
conscious possession of the petitioner and till date no TIP has
been conducted by the prosecution and the police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 16.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one but he fairly submits
that the petitioner is on bail in both the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person, namely, Kamlesh Das and till date no TIP
has been conducted by the prosecution, 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 Judicial Magistrate 1st Class,
Samastipur in connection with Chakmehsi P.S. Case No. 151 of
2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.17726 of 2026(2) dt.17-03-2026
3/3
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
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
Checking your session…