Patna High Court
Jyotish KumarversusThe 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, Jyotish Kumar, was arrested on 18 July 2025 in connection with a case registered under Section 309(4) of the Bihar Narcotic Substances Act. He was not named in the FIR; his alleged involvement was based solely on the confessional statement of a co-accused, with no other material evidence or possession of contraband. The petitioner pleaded innocence and sought bail, while the State highlighted four other pending cases, three of which were already on bail. The court examined the lack of substantive evidence and the petitioner’s criminal antecedents, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence or witnesses. The bail order also directed verification of the petitioner’s criminal record and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Narcotic Substances Act given the lack of direct evidence and reliance on a co‑accused’s confession.
- Whether the petitioner’s other pending criminal cases affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- Section 309(4) B.N.S.
- confessional statement
- false implication
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81354 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Jyotish Kumar S/O Vakil Yadav R/O Village- Jhitkiya, P.S- Madhepura
(Ghailardh O.P.), Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate
Mr. Manoj Kumar, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Uday Chand Prasad, learned counsel for
the petitioner and Mr. Binod Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.07.2025, in connection with Madhepura (Ghailardh O.P.) P.S.
Case No. 19 of 2025, F.I.R. dated 06.01.2025 registered for the
offences punishable under Sections 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 confessional statement of co-accused Bihri
Patna High Court CR. MISC. No.81354 of 2025(3) dt.27-01-2026
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Kumar @ Bihri Yadav and except the confessional statement of
co-accused person, no other cogent material has come during
investigation to suggest the involvement of the petitioner in the
present occurrence and nothing has been recovered from the
conscious possession of the petitioner. He further submits that
the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 18.07.2025.
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 four more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that out of four cases, the
petitioner is on bail in three cases and one case is pending for
consideration before the competent court of law.
6. Considering the facts and circumstances of the
case, 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., Madhepura in connection with Madhepura
(Ghailardh O.P.) P.S. Case No. 19 of 2025, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.81354 of 2025(3) dt.27-01-2026
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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.
(2) 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.
(3) 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)
Ibrar//-
U T
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