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Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                   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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