Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to monetary sureties and conditions, finding that the evidence against him was insufficient to justify continued detention.
Summary
Subham Kumar was arrested on 9 January 2026 in connection with a case registered under Section 304(2) of the Bihar Narcotic Substances Act, 2023. He contended that he was not originally named in the FIR and that his inclusion was based solely on a confessional statement of co‑accused Vikash Kumar, with no material recovered from his possession and no Turn‑In‑Possession (TIP) conducted by the police. The petitioner also highlighted that a similarly situated co‑accused, Deepak Kumar, had been granted anticipatory bail in a related matter. The State opposed bail, noting that the petitioner has five other pending cases. Considering the lack of direct evidence, the absence of TIP, and the circumstances of his naming, the court ordered his release on bail subject to monetary sureties and specific conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriateness of granting bail to an accused under Section 304(2) of the B.N.S., 2023 when the accusation is based solely on a co‑accused's confessional statement and no TIP has been conducted?
- Does the existence of other pending cases against the petitioner preclude the grant of bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 304(2)
Subjects
- bail
- Section 304(2)
- confessional statement
- co‑accused
- anticipatory bail
- criminal antecedent
- TIP
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23417 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Subham Kumar Son of Chhotelal Prasad Resident of Gola Road, Behind
D.A.V. School, Ward No. 20, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr. Ghanshyam Tiwary, learned counsel for
the petitioner and Mr. Md. Mushtaque Alam, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
09.01.2026, in connection with S.K. Puri P.S. Case No. 129 of
2025, F.I.R. dated 16.05.2025 registered for the offences
punishable under Sections 304(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 initially the petitioner was
not named in the F.I.R. and the name of the petitioner has been
transpired during investigation on the basis of confessional
Patna High Court CR. MISC. No.23417 of 2026(2) dt.10-04-2026
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statement of co-accused person namely Vikash Kumar and nothing
has been recovered from the conscious possession of the
petitioner. Learned counsel for the petitioner further submits that
similarly situated co-accused person namely Deepak Kumar has
been granted the privilege of anticipatory bail vide order dated
08.09.2025 passed in Cr. Misc. No. 60834 of 2025 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 09.01.2026.
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 five more cases other than
the present one.
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 S.D.J.M., Patna in connection with
S.K. Puri P.S. Case No. 129 of 2025, subject to the following
conditions :-
Patna High Court CR. MISC. No.23417 of 2026(2) dt.10-04-2026
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(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//-
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