Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the petitioner’s clean antecedent and lack of corroborative evidence rendered continued detention unjustified.
Summary
Ankit Kumar was arrested on 18 June 2025 in connection with a case registered on 7 June 2025 under the Bihar Narcotic Substances Act, 2023. The prosecution’s charge‑sheet alleged offences under Sections 103(1), 238, 61(2) and 3(5) of the Act, relying mainly on the petitioner’s own confessional statement. The petitioner’s counsel argued that he has a clean antecedent, that the FIR was filed four days after the alleged incident, and that no other material or eyewitness testimony links him to the crime. The court noted the absence of any corroborative evidence beyond the self‑confession and accepted the petitioner’s clean record. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent but not to delay the release.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the charges and the evidentiary material.
- Whether the self‑confessional statement alone suffices to justify continued detention.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 140(3), 238, 3(5), 61(2)
Subjects
- bail
- self‑confessional statement
- clean antecedent
- Bihar Narcotic Substances Act
- chargesheet
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81495 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- ROH District- Nawada
======================================================
Ankit Kumar S/o Deepak Kumar @ Dipu Mahto R/o - Maharawan, P.S - Roh,
District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan Prasad, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
For the Informant : Mr. Sheo Kumar Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Rabi Bhushan Prasad, learned counsel for
the petitioner, Mr. Sheo Kumar Prasad, learned counsel for the
informant and Ms. Pushpa Sinha, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.06.2025 in connection with Roh P.S. Case No. 186 of 2025,
F.I.R. dated 07.06.2025 for the offences punishable under
Section 140(3) of the BNS, 2023 but the police have submitted
chargesheet under Sections 103(1), 238, 61(2) and 3(5) of the
BNS, 2023.
3. According to prosecution case, the informant's son
got traceless and his mobile phone was also found to be
switched off.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.81495 of 2025(3) dt.27-01-2026
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implicated in the present case. He further submits that the
petitioner is not named in the F.I.R and his name has been
transpired on the basis of self confessional statement of the
petitioner and except the self confessional statement of the
petitioner, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. Even no one has seen the occurrence and
the informant is also not the eye witness of the alleged
occurrence. He further submits that the date of occurrence is
03.06.2025 but the present F.I.R has been instituted on
07.06.2025 i.e., after delay of 4 days. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 18.06.2025.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and except the self
confessional statement, no other cogent material has come
during investigation which suggest the involvement of the
petitioner in the present occurrence, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.81495 of 2025(3) dt.27-01-2026
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10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned CJM, Nawada in
connection with Roh P.S. Case No. 186 of 2025, subject to the
following conditions:-
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
witnesses, 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 antecedent, 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)
Vanisha/-
U T
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