Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Sanjeet Kumar, was arrested on 7 August 2025 in connection with a theft at Sterling & Wilson Pvt. Ltd. and charged under Section 310(2) of the Bihar Narcotic Substances Act, 2023. He contended that he was not named in the FIR and was only implicated based on CCTV footage and a later self‑confessional statement, with no material recovered from his possession and no third‑information‑police (T.I.P.) report filed. The prosecution opposed bail, citing a prior criminal antecedent, though it noted the petitioner was already on bail in another pending case. The court observed that the petitioner’s name was not in the FIR and that the evidence against him was weak, and therefore granted bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of his antecedents. The bail order was made subject to cancellation if the petitioner fails to appear or conceals his criminal history.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Section 310(2) of the BNS Act, 2023.
- Whether the lack of the petitioner's name in the FIR and absence of material evidence justify granting bail.
- Whether the petitioner's prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 310(2)
Subjects
- bail
- attempt to murder
- Section 310
- Bihar Narcotic Substances Act
- criminal antecedent
- confession
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5443 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Sanjeet Kumar S/O Arvind Puri R/O Village- Bangali Bigha, P.S- Chandauti,
Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Pramod Kumar, learned counsel for the
petitioner and Ms. Asha Kumari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.08.2025 in connection with Magadh University P.S. Case No.
174 of 2025, F.I.R. dated 22.07.2025 for the offences punishable
under Section 310(2) of the BNS, 2023.
3. According to prosecution case, some 15-20
miscreants entered into the store of Sterling & Wilson Pvt. Ltd.
and committed theft of electric materials.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the F.I.R and his name
has been transpired on the basis of CCTV footage and
Patna High Court CR. MISC. No.5443 of 2026(2) dt.29-01-2026
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thereafter, the petitioner has confessed his guilt in the present
occurrence. Nothing has been recovered from the conscious
possession of the petitioner and except the aforesaid, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence and till
date no T.I.P has been conducted by the prosecution. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
07.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent other than
the present one but fairly submits that the petitioner is on bail in
the pending matter.
6. Considering the aforesaid facts and circumstances
that the petitioner is not named in the F.I.R and his name has
been transpired on the basis of self confessional statement of the
petitioner, 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 the learned
ACJM-VIII, Gaya in connection with Magadh University P.S.
Case No. 174 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.5443 of 2026(2) dt.29-01-2026
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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 absence on two consecutive dates without sufficient
reason, his 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)
Vanisha/-
U T
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