Patna High Court
Ankit Kumar @ D B @ Saurav Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Ankit Kumar, was arrested on 1 September 2025 in connection with a case registered under Section 309(4) of the Bihar Narcotic Substances Act. He contended that he was not named in the FIR, was falsely implicated, and that no third‑information‑report (TIP) had been filed despite the recovery of a looted mobile from a co‑accused. The State opposed bail, noting the petitioner’s involvement in two other pending cases, but the petitioner was already on bail in one of them. The Court examined the lack of a TIP, the petitioner’s non‑naming in the FIR, and the absence of substantive evidence against him. Considering these factors, the Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and no TIP has been filed.
- Whether the existence of other pending cases affects the grant of bail in the present matter.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- FIR
- third information report
- false implication
- Section 309
- Bihar Narcotic Substances Act
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78206 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Ankit Kumar @ D B @ Saurav Kumar Rai S/O Vijay Rai R/O Vill.-
Dharampur, P.s.- Chauri, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awadhesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr.Awadhesh Kumar Pandey, learned counsel
for the petitioner and Mr.Sanjay Kumar Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
01.09.2025, in connection with Ara Nawada P.S. Case No. 12 of
2025, F.I.R. dated 07.01.2025 registered for the offences
punishable under Section 309(4) of the B.N.S.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired
on the basis of suspicion and the petitioner has been remanded
Patna High Court CR. MISC. No.78206 of 2025(3) dt.22-01-2026
2/3
in the present case from Nawada P.S. Case No. 496 of 2025 and
on the basis of self confessional statement of the petitioner the
looted mobile was recovered from other co-accused person. He
further submits that although recovery has been made from the
possession of co-accused but till date no TIP was conducted by
the prosecution and the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 01.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. and till
date no TIP was conducted by the prosecution, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M. Bhojpur, Ara
in connection with Ara Nawada P.S. Case No. 12 of 2025,
subject to the following conditions :-
Patna High Court CR. MISC. No.78206 of 2025(3) dt.22-01-2026
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
witness, 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 antecedents, 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)
Nitesh/-
U T
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