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Patna High Court

Rajesh Kumar @ RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any material evidence beyond mere suspicion and given the petitioner’s clean antecedent, the court held that bail must be granted.

Summary

Petitioner Rajesh Kumar was arrested on 18 June 2025 in connection with a FIR dated 7 June 2025 concerning alleged offences under the Bihar Narcotic Substances Act, 2023. The police filed a charge‑sheet invoking Sections 103(1), 238, 61(2) and 3(5) of the Act, while the FIR originally mentioned Section 140(3). The prosecution’s case relied on the disappearance of the informant’s son and a switched‑off mobile phone, with no eyewitness or substantive material linking the petitioner to the crime. The petitioner, represented by Mr. Birendra Kumar, argued that he has a clean antecedent, was not named in the FIR, and that the FIR was lodged four days after the alleged incident without explanation, rendering the charge‑sheet based merely on suspicion. The court, noting the absence of cogent evidence beyond suspicion and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • What is the appropriate bail decision when the charge‑sheet is based solely on suspicion and lacks substantive evidence?
  • Does the delay in filing the FIR and the absence of eyewitnesses affect the justification for denying bail?
  • Do the specific sections of the Bihar Narcotic Substances Act, 2023 invoked justify continued detention pending trial?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • delay in FIR
  • clean antecedent
  • Bihar Narcotic Substances Act
  • charge‑sheet
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85026 of 2025
                         Arising Out of PS. Case No.-186 Year-2025 Thana- ROH District- Nawada
                 ======================================================
                 Rajesh Kumar @ Raja S/o Bijay Singh R/O Vill.- Mahrawa, P.S.- Roh, Dist.-
                 Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   28-01-2026                    Heard Mr. Birendra Kumar, learned counsel for the

                   petitioner and Mr. Anil Kumar, 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.85026 of 2025(3) dt.28-01-2026
                                            2/3




          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 during investigation on the basis of suspicion and

          except suspicion, 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 without giving any reason

          of delay. 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. The 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 suspicion, 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. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the
            Patna High Court CR. MISC. No.85026 of 2025(3) dt.28-01-2026
                                                        3/3




                      learned Judicial Magistrate-1st Class, 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)
Suruchi/-

U      T


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