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Patna High Court

Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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