Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Vivek Kumar was arrested on 9 April 2026 in connection with a case registered under Sections 309(4), 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. He was not originally named in the FIR; his name emerged from a confessional statement of co-accused Deepak Kumar during investigation. Only a mobile phone, belonging to both the petitioner and co-accused, was recovered, and no other material was found in his possession. The co-accused had already been granted bail by a coordinate bench. The State opposed bail, citing two other pending cases against the petitioner, though he was on bail in those matters. The court, noting the lack of direct evidence and the bail of co-accused, granted bail on a Rs.10,000 bond with several conditions regarding cooperation, presence, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted when the petitioner was not named in the FIR but implicated through a co-accused's confessional statement.
- Whether the existence of other pending cases, albeit with bail, affects the grant of bail in the present case.
- Whether the limited material evidence (a mobile phone) justifies continued detention.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 309(4), 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- arms act
- narcotic law
- co-accused
- investigation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39863 of 2026
Arising Out of PS. Case No.-1310 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Vivek Kumar Son of Chandradeep Kumar @ Chandradeep Kumar Singh
Resident of village- Sipara, IOC Road, Hind Nagar, Ps- Beur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr.Bhavesh Kumar Sah,learned counsel for
the petitioner and Mr.Nitya Nand Tiwary, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
09.04.2026 in connection with Phulwari Sharif (Janipur) P.S.
Case No. 1310 of 2025, F.I.R. dated 12.08.2025 registered for
the offence punishable under Sections 309(4),3(5) of BNS and
Section 27 of Arms Act.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that
initially the petitioner was not 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,
Patna High Court CR. MISC. No.39863 of 2026(2) dt.23-06-2026
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namely, Deepak Kumar and nothing has been recovered from
conscious possession of the petitioner and only one mobile
phone was recovered from possession of the petitioner and the
same is belonged to the petitioner and co-accused persons,
namely, Deepak Kumar @ Dipak Kumar and Md. Azad have
been granted bail by a Coordinate Bench of this Hon’ble Court
vide orders dated 21.01.2026 and 25.02.2026 passed in Cr.
Misc. Nos.2472 of 2026 and 14100 of 2026 and the petitioner is
in custody since 09.04.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries two more cases other than the present one but
fairly submits that the petitioner is on bail in both the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not
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 co-accused persons have been granted
bail by a Coordinate Bench of this Hon’ble Court, 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.-IV,
Patna High Court CR. MISC. No.39863 of 2026(2) dt.23-06-2026
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Patna in connection with Phulwari Sharif (Janipur) P.S. Case
No. 1310 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
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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