Patna High Court
Niraj Kumar @ TangariaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Niraj Kumar, was arrested in connection with a robbery and alleged possession of arms under sections 310(4), 310(5) of the Bihar Narcotic Substances Act and sections 25(1‑b)A, 26 and 35 of the Arms Act. His name appeared in the FIR solely on the basis of a confessional statement made by co‑accused Kanchan Kumar, from whom incriminating articles were recovered. The petitioner has been in custody since 17‑04‑2025 and claims he was not involved in the planning of the robbery and has no incriminating material in his possession. The State opposed bail on the ground of five prior criminal antecedents, although the petitioner asserted he is already out on bail in those matters. The Court, noting the lack of direct evidence, the grant of bail to a similarly situated co‑accused, and the petitioner’s prolonged detention, ordered bail on a Rs.10,000 bond with two sureties and specific conditions, including physical presence in court.
Issues considered
- Whether bail should be granted to the petitioner who is implicated only through a co‑accused’s confession and has prior criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- co‑accused confession
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74553 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- MAKER District- Saran
======================================================
Niraj Kumar @ Tangaria Son of Arjun Rai @ Kishore Rai R/o Village- Dihi
(Maker) P.S.- Maker District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aashish Kumar, Adv.
Mr.Avinash Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Maker P.S. Case no.48 of 2025
registered under sections 310(4), 310(5) of BNS and Section
25(1-b)A, 26 and 35 of Arms Act.
3. Learned counsel for the petitioner submits that
two persons were apprehend on the spot, as would be evident
from the F.I.R, who are Kanchan Kumar and Vikash Kumar, and
the specific recovery was made from their possession. So far as
the petitioner is concerned, his name has transpired in the case
upon the confessional statement of co-accused Kanchan Kumar,
as being one of the person who fled away from the scene of
Patna High Court CR. MISC. No.74553 of 2025(3) dt.13-02-2026
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occurrence. It is further submitted that petitioner was never
involved in any planning of robbery. No incriminating articles
was recovered from his possession. Further, co-accused
Kanchan Kumar, on whose confession, the name of the
petitioner transpired, has already been granted bail by a co-
ordinate Bench of this Court vide order dated 25.06.2025 passed
in Cr. Misc. No. 37906 of 2025. The petitioner is in custody
since 17.04.2025 and undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that petitioner has five
criminal antecedents. In response, learned counsel for the
petitioner submits that he is on bail in the said cases.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner has remained in custody since 17.04.2025 and other
similarly situated co-accused has already been granted bail by
this Court by aforesaid order dated 25.06.2025, the petitioner is
directed to be enlarged on bail in connection with Maker P.S.
Case no.48 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court, subject to the following
Patna High Court CR. MISC. No.74553 of 2025(3) dt.13-02-2026
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conditions:-
(I) One of the bailors shall be the father of the
petitioner.
(II) The petitioner shall remain physically present in
the learned trial Court on each date and shall cooperate in the
trial. In case the petitioner is absent on the two consecutive
dates without sufficient reasons, the learned trial Court would be
at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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