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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions, holding that the circumstances did not preclude bail under Section 438(2) CrPC.

Summary

Sunny Kumar sought bail after being implicated in a case involving alleged narcotic offences under the Bihar Narcotic Substances Act, 2023. The prosecution alleged that miscreants drugged an informant, leading to the theft of his e‑rickshaw, and identified the petitioner solely through a confessional statement of co‑accused Pintu Kumar, who also named two others already on anticipatory bail. The petitioner argued he has a clean record, is not named in the FIR, and no third‑information report has been filed. The Additional Public Prosecutor opposed bail. The court, applying Section 438(2) of the Code of Criminal Procedure, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail can be granted under Section 438(2) CrPC when the accusation is based solely on a co‑accused’s confessional statement and no TIP has been filed.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • confessional statement
  • Section 438 CrPC
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • third information report
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20415 of 2026
                      Arising Out of PS. Case No.-455 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Sunny Kumar S/O Dinesh Chauhan R/O Near Devi Ashan, Dharampur,
                 Mohammadpur, Kurzi, P.S- Digha, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prakash Chandra Jha, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                    Heard Mr. Prakash Chandra Jha, learned counsel for

                   the petitioner and Mr. Sanjay Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Naubatpur P.S. Case No. 455 of 2025, F.I.R.

                   dated 08.08.2025 for the offences punishable under Sections

                   126(2), 127(2), 109, 1223, 303(2) and 3(5) of the BNS, 2023.

                               3. According to prosecution case, some miscreants put

                   some peculiar smelling substance on the nose of the informant

                   who is driving an E-rickshaw due to which he lost his

                   consciousness. When he came in sense, he found himself near

                   the Badipur Pansar forest and his E-rickshaw was missing.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.20415 of 2026(2) dt.17-04-2026
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          implicated in the present case. He further submits that the

          petitioner is not named in the FIR and his name has been

          transpired during investigation on the basis of the confessional

          statement made by the co-accused, namely, Pintu Kumar and the

          said Pintu Kumar has also confessed the names of other accused

          persons, namely, Bajrangi Kumar and Damru Kumar who have

          been granted anticipatory bail by a Co-ordinate Bench of this

          Court vide order dated 25.03.2026 passed in Cr. Misc. No.

          18185 of 2026. He further submits that the recovery has been

          made on the basis of confessional statement of Pintu Kumar and

          till date no TIP has been conducted by the prosecution.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, in the event of arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, 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 the learned

          A.C.J.M-VI, Danapur in connection with Naubatpur P.S. Case

          No. 455 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure and with
            Patna High Court CR. MISC. No.20415 of 2026(2) dt.17-04-2026
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                      other following conditions:-

                                   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 absence on two consecutive dates without sufficient

                      reason, his 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)
Vanisha/-

U      T


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