Patna High Court
Rajan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The High Court held that bail could be granted to the petitioner under its inherent powers, subject to conditions, as the material against him was not legally admissible.
Summary
The petitioner, Rajan Kumar Singh, filed a bail petition fearing arrest in a police case (No.217 of 2026) involving alleged offences under sections of the Bihar Negotiable Substances Act and the Bihar Prohibition and Excise Act. Police had intercepted a vehicle carrying 800 litres of spirit and, based on a co‑accused’s statement, alleged that the spirit was to be supplied to ten persons, including the petitioner. The petitioner contended that he was falsely implicated, asserting that the only material against him was the co‑accused’s confessional statement, which he claimed lacked evidentiary value, and that he had no prior bail applications. The State opposed the bail, citing the seriousness of the offences and the petitioner’s involvement in two other cases. The High Court, exercising its inherent powers under Section 482(2) of the Bihar Negotiable Substances Act, allowed the petition, directing that the petitioner be released on bail upon arrest or surrender within eight weeks, subject to monetary sureties and conditions regarding undisclosed criminal antecedents. The order also stipulated that bail could be cancelled if further criminal antecedents or false statements about prior bail petitions were discovered.
Issues considered
- Whether the petitioner is entitled to bail in view of the alleged offences and the nature of the evidence against him.
- Whether the confessional statement of the co‑accused constitutes admissible material to deny bail.
- Whether the High Court can grant bail under its inherent powers under Section 482(2) of the Bihar Negotiable Substances Act.
Legislation cited
- Bihar Negotiable Substances Act — s. 304(2), 336(3), 338, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 34, 41(1), 83
Subjects
- bail
- anticipatory bail
- Section 482
- Bihar Negotiable Substances Act
- Bihar Prohibition and Excise Act
- confessional statement
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30060 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Rajan Kumar Singh, S/o Sushil Kumar Singh @ Sushil Singh, R/o vill -
Terha, P.S.- Isuapur, Distt.- Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Dewendra Narayan Singh, Advocate
For the State : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with
Marhowrah PS. Case No.217 of 2026, dated-13.03.2026,
registered for the offences punishable under Sections 338,
336(3), 304(2) of the B.N.S. and Section 30(a), 41(1), 83, 34 of
the Bihar Prohibition and Excise Act.
3. As per allegation, the police got some information
and they intercepted an Scorpion vehicle from which 800 liters
of sprit was recovered and one person was also apprehended,
though two other persons were able to flee away and as per the
Statement of the person apprehended on the spot, the sprit was
to be supplied to ten persons including the Petitioner.
Patna High Court CR. MISC. No.30060 of 2026(2) dt.06-05-2026
2/3
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the Petitioner has nothing to with
the alleged offence. The only material against the Petitioner is
the alleged confessional Statement of the co-accused before the
police which has no evidentiary value. Hence, there is no legally
admissible material against the Petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in two other
cases.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.30060 of 2026(2) dt.06-05-2026
3/3
satisfaction of learned concerned Court below, in connection
with Marhowrah PS. Case No.217 of 2026, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court below that
statement regarding previous bail petition is wrong, learned
court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.