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Patna High Court

Navin Kumar BishwasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where the petitioners are not likely to abscond and the confessional statement of a third person does not constitute substantive evidence, subject to conditions under Sec. 438(2) CrPC and Sec. 482(2) B.N.S.S.

Summary

The petitioners, Navin Kumar Bishwas and Binod Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 309(4) and 317(2) of the Bihar Narcotic Substances Act, 2023. They contended that the FIR was lodged against unknown persons and that their names appeared only in a confessional statement of a third person, which lacks evidentiary value. The court noted that co‑accused in the same case had previously been granted anticipatory bail and that the petitioners assured cooperation with the investigation. Considering these submissions, the court granted anticipatory bail on the condition of furnishing bail bonds of Rs. 25,000 with two sureties each, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also warned that bail could be cancelled if the petitioners fail to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners in a case under Sections 309(4) and 317(2) of the B.N.S., 2023.
  • Whether a confessional statement of a third person provides sufficient basis for arrest.
  • Whether the petitioners are likely to abscond or obstruct the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • confessional statement
  • bail conditions
  • section 309
  • section 317

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26990 of 2026
                     Arising Out of PS. Case No.-110 Year-2025 Thana- MAHALGAON District- Araria
                 ======================================================
           1.     Navin Kumar Bishwas Son of Om Prakash Bishwas Resident of Village-
                  Kochaili PS -Dagarua, Dist- Purnea
           2.     Binod Kumar son of Rajendra Lal Bishwas Resident of Village- Kochaili PS
                  -Dagarua, Dist- Purnea
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Alka Verma, Advocate
                 For the Opposite Party/s :      Mr. Dr.Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 309(4) and

                   317(2) of the B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that the

                   petitioners are the persons of antecedent and the informant

                   alleges that four unknown accused intercepted him and looted

                   his tractor loaded with maize on point of pistol. Learned counsel

                   submits that the FIR was against unknown and the name of the

                   petitioners transpired in the confessional statement of Abhishek

                   Kumar Mandal in police which does not have any evidentiary

                   value and it is also submitted that similarly situated co-accused

                   persons, namely, Sandeep Kumar and Karan Kumar had

                   approached this Court seeking anticipatory bail by filing Cr.
Patna High Court CR. MISC. No.26990 of 2026(2) dt.08-05-2026
                                            2/3




          Misc. No. 69866 of 2025 and the same came to be allowed vide

          order dated 27.02.2026, further Aditya Kumar also approached

          this Court seeking anticipatory bail by filing Cr. Misc. No.

          72903 of 2025 and the same came to allowed vide order dated

          12.11.2025. It is also submitted that petitioner will not abscond

          rather will cooperate in the investigation to prove his innocence.

                       4. Learned APP has opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioner above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each

          with two sureties of the like amount each to the satisfaction of

          the learned trial court where the case is pending/successor court

          in connection with Mahalgaon PS case No. 110 of 2025, subject

          to the conditions as laid down under Section 438(2) of Cr.P.C./

          u/s 482 (2) of the B.N.S.S.

                       6. It is made clear that if the Investigating Officer of

          the case file an application before the learned trial court

          bringing to its notice that the petitioners despite to being

          assurance to this Court are not cooperating in the investigation,
            Patna High Court CR. MISC. No.26990 of 2026(2) dt.08-05-2026
                                                        3/3




                      the learned tiral court shall be at liberty to cancel the bail bonds

                      of the petitioners.

                                   7. Let a copy of this order be sent to the concerned

                      Police Station to the learned trial court through FAX/email.


                                                        (Satyavrat Verma, J)

Ranjeet/-

U      T


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