Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Chhotu Kumar was arrested on 17 November 2025 in connection with a case registered under Section 303(2) of the Bihar Narcotic Substances Act, 2023. The petitioner contended that he was not named in the FIR and was implicated solely on the basis of a confessional statement made by co‑accused Raja Kumar, with no other material or TIP presented by the prosecution. The State opposed bail, noting that the petitioner had four other pending cases, though he was already on bail in those matters. The Court observed that the lack of the petitioner's name in the FIR and the absence of any investigative material beyond the co‑accused's confession warranted bail. Accordingly, the Court ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, 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 the only evidence is a co‑accused's confessional statement.
- Whether the existence of other pending criminal cases affects the grant of bail in the present case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303(2)
Subjects
- bail
- confessional statement
- FIR
- Section 303(2)
- Bihar Narcotic Substances Act
- criminal procedure
- verification of antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20439 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Chhotu Kumar S/o- Mohan Das, resident of Village- Koili PS- Nanpur Dist-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mr. Hans Lal Kumar, learned counsel for the
petitioner and Mr. Binod Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
17.11.2025, in connection with Singhwara P.S. Case No. 269 of
2025, F.I.R. dated 01.10.2025 registered for the offences
punishable under Sections 303(2) of the B.N.S., 2023
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired on the
basis of confessional statement of co-accused person namely Raja
Kumar which was recorded in Singhwara P.S. Case No. 271 of
Patna High Court CR. MISC. No.20439 of 2026(2) dt.26-03-2026
2/3
2025. Learned counsel for the petitioner further submits that
except the confessional statement of co-accused person, no other
cogent material has come during investigation to suggest the
involvement of the petitioner in the present occurrence and till
date no TIP was conducted by the prosecution. He further submits
that the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 17.11.2025.
5. The learned Additional Public Prosecutor 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 on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in the pending
matters.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person and till date no TIP
was conducted by the prosecution, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. VII, Darbhanga in connection
with Singhwara P.S. Case No. 269 of 2025, subject to the
following conditions :-
Patna High Court CR. MISC. No.20439 of 2026(2) dt.26-03-2026
3/3
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
U T
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