Patna High Court
Divyanshu kumar @ sonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Instruments Act — s. 395
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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