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Patna High Court

Gaurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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          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


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