Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, finding insufficient material to justify continued custody.
Summary
Sudhir Kumar was arrested on 22 January 2026 in connection with FIR No. 69 of 2026 alleging that he stole an informant's mobile phone from a hospital premises, an offence punishable under Section 303(2) of the Bihar Narcotic Substances Act. The petitioner claimed a clean antecedent and argued that the allegation was fabricated, with his name having surfaced only through the disclosure of co‑accused Kundan Kumar and no other material linking him to the crime. The State opposed bail. The Court, noting the lack of substantive evidence beyond the co‑accused’s statement and the petitioner's clean record, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and imposed standard conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner's antecedent, with cancellation provisions if false information is discovered.
Issues considered
- Whether the petitioner is entitled to bail despite the allegation under Section 303(2) of the BNS.
- Whether the disclosure by a co‑accused, without further corroborative material, suffices to justify continued detention.
- Whether the petitioner's clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2)
Subjects
- bail
- Section 303(2)
- Bihar Narcotic Substances Act
- co‑accused testimony
- clean antecedent
- hospital premises
- mobile phone theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22481 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- BIHTA District- Patna
======================================================
Sudhir Kumar S/o Anil Bhagat R/o Village - Shrirampur, P.S - Bihta, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar Verma, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Ashutosh Kumar Verma, learned counsel
for the petitioner and Mr.Anil Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
22.01.2026 in connection with Bihta P.S. Case No. 69 of 2026,
F.I.R. dated 21.01.2026 registered for the offence punishable
under Section 303(2) of BNS.
3. Allegation against the petitioner is that he was
caught in the hospital premises in connection with taking away
of the informant’s mobile phone.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and the
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
Patna High Court CR. MISC. No.22481 of 2026(2) dt.07-04-2026
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The name of the petitioner has been transpired during
investigation on the basis of the disclosure made by the co-
accused person, namely, Kundan Kumar and except the
aforesaid, no other cogent material has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence and the petitioner is in
custody since 22.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and the name of the petitioner has been transpired
during investigation on the basis of the disclosure made by the
co-accused person, namely, Kundan Kumar, 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 learned A.C.J.M.-II, Civil Court,
Danapur, Patna in connection with Bihta P.S. Case No. 69 of
2026, with 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/her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.22481 of 2026(2) dt.07-04-2026
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reason, his/her 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)
Nitesh/-
U T
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