Patna High Court
Suraj Kumar @ Sibu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Suraj Kumar was arrested in connection with the recovery of 6.5 grams of brown sugar and has been in custody since 30-12-2024. He previously obtained bail, but the bail bond was rejected because he failed to disclose a criminal antecedent, leading to a dismissed modification application. The petitioner argued that he was falsely implicated and pledged to cooperate with the trial. The State opposed the bail. The High Court, considering the facts, allowed the regular bail application, directing the petitioner to furnish a Rs.10,000 bail bond with two sureties and to appear at the police station every Sunday and cooperate with the trial, with non‑compliance resulting in cancellation of bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite prior non‑fulfilment of bail conditions
- Whether the modification application for bail is maintainable
- What conditions may be imposed on the grant of regular bail
Subjects
- regular bail
- bail bond
- criminal antecedent
- modification application
- drug offence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3679 of 2026
Arising Out of PS. Case No.-636 Year-2024 Thana- KAHALGAON District- Bhagalpur
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Suraj Kumar @ Sibu Kumar S/o Late Anil Tanti Resident of Village- Kajipura
Ward No. 3, P.S.- Kahalgaon, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This is the third attempt of the petitioner for grant
of regular bail. Earlier the bail application of the petitioner was
allowed vide order dated 16.07.2025 with certain conditions but
due to non-fulfillment of one of the conditions, the bail bond
was not accepted by the learned court below and then, the
petitioner filed a modification application in Cr. Misc. No.
4392/2025 which was held not maintainable by this Court and
the same was rejected by this Court vide order dated
21.11.2025.
3. As per the prosecution case, 6.5 gram of brown
sugar has been recovered. Petitioner is in custody since
30.12.2024 and has one criminal antecedent.
Patna High Court CR. MISC. No.3679 of 2026(2) dt.12-02-2026
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4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel further submits earlier the petitioner was
granted bail but because of suppression of one criminal
antecedent, his bail bond was not accepted by the court below.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the aforeasid facts, this application for
regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Sessions Judge,
Bhagalpur/concerned Court below in connection with
Kahalgaon P.S. Case No. 636/2024 and N.D.P.S. Case No.
25/2025 subject to the following conditions:-
(i) The petitioner after being released on bail, is
directed to mark his attendance at Kahalgaon Police
Station, District- Bhagalpur on every Sunday of the month.
Any default in appearance at the Police Station will result
in cancellation of bail bonds of the petitioner.
(ii) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
Patna High Court CR. MISC. No.3679 of 2026(2) dt.12-02-2026
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each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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