Patna High Court
Halchal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 304, 309(4), 317(2)
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
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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
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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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