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Patna High Court

Halchal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the prosecution’s case is based solely on the petitioners' self‑confessional statements and lacks any other material evidence.

Summary

Halchal Kumar and Saroj Kumar were arrested in connection with a robbery case (PS Jankinagar Case No. 372/2024) and charged under Sections 309(4) and 317(2) of the Bihar Narcotic Substances Act, 2023. The petitioners contend that they are innocent and that their names were recorded only through their own confessional statements made in a separate case, with no other incriminating material. They have been in custody since 6 February 2025 and sought bail. The Additional Public Prosecutor opposed bail, but the court noted that the prosecution’s case rests solely on the self‑confessional statements and lacks independent evidence. Consequently, the court granted bail to both petitioners subject to monetary surety and conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the only evidence against the accused is their self‑confessional statement.
  • Whether the nature of the offences under Sections 309(4) and 317(2) of the Bihar Narcotic Substances Act, 2023, justifies denial of bail.
  • Whether the court may impose conditions relating to verification of criminal antecedents while granting bail.

Legislation cited

Subjects

  • bail
  • self‑confessional statement
  • criminal procedure
  • evidence
  • verification of antecedents
  • Sections 304, 309(4), 317(2) BNS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3703 of 2026
                     Arising Out of PS. Case No.-372 Year-2024 Thana- JANKINAGAR District- Purnia
                 ======================================================
           1.     Halchal Kumar S/O Mohit Chand Yadav @ Mohi Chand Yadav R/O Village-
                  Parmanandpur, Ward No. 12, P.S- Murliganj, District- Madhepura.
           2.     Saroj Kumar S/O Lalan Yadav R/O Village- Tilkora, Ward No.-13, P.S-
                  Murliganj, Distt.- Madhepura.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Narayan Yadav, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-01-2026                    Heard Mr. Surya Narayan Yadav, learned counsel for

                   the petitioners and Mr. Anil Kumar Singh No. 1, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   06.02.2025 in connection with Jankinagar P.S. Case No. 372 of

                   2024, F.I.R. dated 17.10.2024 for the offences punishable under

                   Sections 304 of the BNS, 2023 but chargesheet has been

                   submitted under Sections 309(4) and 317(2) of the BNS, 2023.

                               3. According to prosecution case, two miscreants on

                   Splendor motorcycle intercepted the informant and snatched his

                   bag containing Rs. 99,250/- and fled away.

                               4. Learned counsel for the petitioners submits that

                   petitioners are innocent and they have falsely been implicated in

                   the present case. Petitioners are not named in the F.I.R and their
Patna High Court CR. MISC. No.3703 of 2026(2) dt.27-01-2026
                                            2/3




          name has been transpired on the basis of the self confessional

          statement of the petitioners which were recorded in Jankinagar

          P.S. Case No. 36 of 2025. Thereafter, the petitioners have been

          remanded on 27.02.2025. He further submits that except the self

          confessional statement of the petitioners, no other material has

          come during investigation which suggest the involvement of the

          petitioners in the present occurrence and after the confessional

          statement recorded in the present case, the petitioners have been

          made accused in 14 more cases other than the present one. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioners. The petitioners are in

          custody since 06.02.2025.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that the name of the petitioners has been transpired on the basis

          of self confessional statement of the petitioners and except this,

          no other material has come during investigation which suggest

          the involvement of the petitioners in the present occurrence, let

          the petitioners, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each to the satisfaction of the learned CJM,
            Patna High Court CR. MISC. No.3703 of 2026(2) dt.27-01-2026
                                                        3/3




                      Purnea in connection with Jankinagar P.S. Case No. 372 of

                      2024, subject to the following conditions:-

                                   i. Petitioners 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 their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)
Vanisha/-
U      T


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