Patna High Court
Rajesh Kumar @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 140(3), 238, 3(5), 61(2)
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
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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 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
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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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