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Patna High Court

Divyanshu kumar @ sonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with specified conditions.

Summary

Divyanshu Kumar was arrested on 27‑12‑2025 in connection with a town police case (No. 981 of 2022) for an alleged offence under Section 395 of the Bihar Negotiable Instruments Act. The petitioner was not named in the FIR; his name emerged only from the confessional statements of co‑accused persons, and no material evidence or recovered items were found in his possession. The prosecution opposed bail, noting four other pending cases, though the petitioner was already on bail in those matters. The court observed that the lack of direct accusation in the FIR, absence of any tip‑off investigation, and no substantive material against the petitioner warranted bail. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the accused is not named in the FIR and is implicated solely on the basis of co‑accused confessional statements.
  • Whether the existence of other pending cases affects the grant of bail in the present case.

Legislation cited

Subjects

  • bail
  • FIR
  • confessional statement
  • Section 395
  • criminal antecedent
  • investigation
  • co‑accused
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18578 of 2026
                    Arising Out of PS. Case No.-981 Year-2022 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Divyanshu Kumar @ Sonu Son of Manoj Patel @ Manoj Ram @ Manoj
                 Kumar Ram Resident of village - Bhawanpur Zirat, Ps- Chhatauni, Dist- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                   Heard Mr.Abhishek Kumar, learned counsel for the

                   petitioner and Mr.Kumar Veerendra Narayan, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   27.12.2025 in connection with Town P.S. Case No. 981of 2022,

                   F.I.R. dated 25.12.2022 registered for the offence punishable

                   under Sections 395 of BNS.

                                3. The FIR of the occurrence of loot is against

                   unknown.

                                4. Learned counsel 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 basis of the

                   confessional statement of co-accused persons, namely, Abhishek
Patna High Court CR. MISC. No.18578 of 2026(2) dt.24-03-2026
                                            2/3




          Tripathi and Rana Pratap Yadav and except the aforesaid, no

          other cogent material has come during investigation against the

          petitioner to suggest the involvement of the petitioner in the

          present occurrence, nothing has been recovered from conscious

          possession of the petitioner and till date no TIP has been

          conducted by the prosecution and the petitioner is in custody

          since 27.12.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries four more cases other than the present one but

          fairly submits that the petitioner is on bail in all 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 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 Chief Judicial Magistrate, East Champaran, Mothihari

          in connection with Town P.S. Case No. 981of 2022, with the

          following conditions:-
               Patna High Court CR. MISC. No.18578 of 2026(2) dt.24-03-2026
                                                           3/3




                                      (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/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


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