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Patna High Court

Suraj Kumar @ Sibu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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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