Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 109, 1223, 126(2), 127(2), 303(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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