Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the petitioner’s implication was only on suspicion and the investigation was already completed.
Summary
Alok Kumar, who was not named in the FIR, was arrested in connection with a case under Sections 137 and 140(3) of the Bihar Narcotic Substances Act and has been in custody since September 4, 2025. The prosecution’s case against him rests solely on a confessional statement of co‑accused Dheeraj Kumar, while another co‑accused, Vinod Prasad, did not identify him. The petitioner argued that there is no incriminating evidence, he has a clean antecedent, and the investigation is complete with a charge‑sheet already filed. The court held that the implication against the petitioner is only prima‑facie and based on suspicion, and therefore bail could be granted. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- What is the appropriate bail decision when the only basis for implication is a co‑accused’s confessional statement and the petitioner is not named in the FIR?
Legislation cited
- Bihar Narcotic Substances Act — s. 137, 140(3), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- suspicion
- confessional statement
- co‑accused
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- investigation completed
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6450 of 2026
Arising Out of PS. Case No.-357 Year-2024 Thana- PIPRA District- East Champaran
======================================================
Alok Kumar S/O Laxmi Narayan Soni@ Laxminarayan Prasad Resident of
Village - Rasmandal, P.S. - Pipra, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
For the Informant : Mr. Krishna Kant Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Pipra P.S. Case No. 357 of 2024 registered for the
offence under Sections 137 and 140(3) of BNS.
3. The petitioner is not named in the F.I.R. and
is in custody since 04.09.2025.
4. As per FIR, the son of the informant was
called from his house on 29.11.2024 at about 5 PM by
named co-accused persons where after his mobile phone
was found switched off. The informant expressed
apprehension that his son might be killed by co-accused
Krishna Mahto, as on earlier occasion he threatened his
Patna High Court CR. MISC. No.6450 of 2026(2) dt.06-02-2026
2/3
son to kill.
5. Learned counsel appearing on behalf of the
petitioner submitted that the name of petitioner
transpired during the course of investigation on the basis
of confessional statement of co-accused Dheeraj Kumar,
out of which even this petitioner was not said to be an
assailant, rather appears to be part of the mob only. It is
submitted that other apprehended co-accused person
namely Vinod Prasad could not name this petitioner and in
view of same implication of this petitioner appears
doubtfull with the present crime in question. While
concluding the argument, it is submitted that save and
except suspicion nothing incriminating appears against
this petitioner, who is a man of clean antecedent and
moreover, investigation of this case is completed, for
which charge-sheet has been submitted, as such, there is
no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail could
Patna High Court CR. MISC. No.6450 of 2026(2) dt.06-02-2026
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not disputed aforesaid factual submission.
7. In view of aforesaid facts and circumstances
as implication of this petitioner prima-facie appears only
on the basis of suspicion arising out of confessional
statement of co-accused, coupled with fact that
investigation of this case is already completed, where
petitioner remains in custody since 04.09.2025,
accordingly petitioner above named, is directed to be
released on bail in connection with Pipra P.S. Case No.
357 of 2024 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned SDJM, Sadar,
East Champaran, Motihari/concerned court, subject to the
conditions as mentioned under Section 437(3) of the
Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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