Patna High Court
Lakshman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 309(4)
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
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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
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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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