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Patna High Court

Lakshman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Lakshman Kumar was arrested on 9 February 2026 in connection with FIR No. 27 of 2026 alleging offences under Section 309(4) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based solely on the confessional statement of a co‑accused, Manish Kumar, with no other material linking the petitioner to the alleged assault and robbery. The petitioner asserted a clean criminal record and claimed false implication. The court noted the lack of independent evidence and the petitioner’s clean antecedent, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 309(4) of the Bihar Narcotic Substances Act, 2023 when the only evidence is a co‑accused’s confessional statement.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309(4) BNS 2023
  • confessional statement
  • co‑accused
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22278 of 2026
                   Arising Out of PS. Case No.-27 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai
                 ======================================================
                 Lakshman Kumar Son of Ramdev Chauhan @ Ramdev Jamadar Resident of
                 village - Kaniyari, P.S.- Halsi, District - Lakhisarai

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

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

2   06-04-2026                     Heard Mr. Vijay Kumar, learned counsel for the

                   petitioner and Mr. Awadhesh Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   09.02.2026 in connection with Ramgarhchowk P.S. Case No. 27

                   of 2026, F.I.R. dated 04.02.2026 for the offences punishable

                   under Section 309(4) of the BNS, 2023.

                               3. According to prosecution case, the informant left

                   the Lakhisarai railway station in a reserved vehicle with two

                   other passengers and these two miscreants assaulted the robbed

                   the informant and fled away.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The petitioner is not named in the
Patna High Court CR. MISC. No.22278 of 2026(2) dt.06-04-2026
                                            2/3




          FIR and his name has been transpired during investigation on

          the basis of the confessional statement of the co-accused,

          namely, Manish Kumar and except the aforesaid, no other

          cogent material has come during investigation which suggest the

          involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 09.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and his name has been

          transpired during investigation on the basis of the confessional

          statement of the co-accused person, 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 the learned Judicial Magistrate 1 st

          Class, Lakhisarai in connection with Ramgarhchowk P.S. Case

          No. 27 of 2026, subject to the 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.
            Patna High Court CR. MISC. No.22278 of 2026(2) dt.06-04-2026
                                                        3/3




                                   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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