Patna High Court
Gaurav 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.
Summary
The petitioner, Gaurav Kumar, was arrested in connection with a theft of a scooter and charged under Section 303(2) of the Bihar Narcotic Substances Act, 2023. The FIR did not name him; his alleged involvement emerged solely from the confessional statement of a co‑accused, Ravi Kumar, and no tip‑off or material evidence was found against him. The co‑accused had already been granted bail by a coordinate bench. The State opposed bail, citing another pending case against the petitioner. The court, noting the lack of direct evidence and the absence of any TIP, ordered the petitioner’s release on bail subject to a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only allegation arises from a co‑accused’s confessional statement.
- Whether the absence of a tip‑off or material evidence against the petitioner warrants bail.
- Whether the petitioner’s other pending case affects the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303(2)
Subjects
- bail
- confessional statement
- no FIR naming
- Section 303(2)
- criminal antecedent
- TIP
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3274 of 2026
Arising Out of PS. Case No.-777 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Gaurav Kumar S/o Rinku Gupta @ Golden Saw R/o Diwan Mohalla, Mitan
Ghat, P.S.- Khajekalan, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhimanyu Deo, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-01-2026 Heard Mr.Abhimanyu Deo, learned counsel for the
petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
22.08.2025 in connection with Alamganj P.S. Case No. 777
of 2025, F.I.R. dated 22.07.2025 registered for the offence
punishable under Section 303(2) of BNS, 2023.
3. The prosecution case, in brief, is that the Scooty
of the informant was stolen from the Court campus situated at
Patna City by unknown persons.
4. Learned counsel for the petitioner submits that it
appears from the FIR that the petitioner is not named in the
FIR. The name of the petitioner has been transpired during
Patna High Court CR. MISC. No.3274 of 2026(2) dt.21-01-2026
2/4
investigation on the basis of the confessional statement of co-
accused person, namely, Ravi Kumar and till date no TIP has
been conducted by the prosecution and nothing has been
recovered from conscious possession or the house of the
petitioner and except the confessional statement of co-accused
person, no other cogent material has come during
investigation against the petitioner to suggest the involvement
of the petitioner in the present occurrence and co-accused
person, namely, Ravi Kumar has been granted bail by a
Coordinate Bench of this Hon’ble Court vide order dated
15.01.2026 passed in Cr. Misc. No.74 of 2026. Petitioner has
been remanded in the present case from Khajekalan P.S.Case
No.297 of 2025. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in
custody since 22.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that
the petitioner carries one more case other than the present one
and said case is pending for consideration before the
competent court of law, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid facts, petitioner is not
Patna High Court CR. MISC. No.3274 of 2026(2) dt.21-01-2026
3/4
named in the FIR, the name of the petitioner has been
transpired during investigation on the basis of the
confessional statement of co-accused person and till date no
TIP has been conducted by the prosecution, 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.-VI, Patna
City, Patna in connection with Alamganj P.S. Case No. 777 of
2025, 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 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
Patna High Court CR. MISC. No.3274 of 2026(2) dt.21-01-2026
4/4
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
Checking your session…