Patna High Court
Krishna Kumar Das @ Makku DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted subject to the conditions imposed by the Court.
Summary
Krishna Kumar Das was arrested on 10 August 2025 in connection with FIR No. 387 of 2025 filed under Section 309(6) of the Bihar Narcotic Substances Act. The petitioner contended that he was not named in the FIR and his alleged involvement was based solely on a confessional statement of co‑accused Sugandh Paswan, with no material recovered from him and no TIP conducted by the police. The prosecution opposed bail, noting that the petitioner had another pending case, though he was already on bail in that matter. The Court examined the lack of direct evidence, the reliance on a co‑accused’s confession, and the absence of any investigative steps, and concluded that these factors warranted bail. Accordingly, the Court ordered the release of the petitioner on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only allegation arises from a co‑accused’s confessional statement.
- Whether the absence of recovered material and lack of TIP investigation justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- bail
- FIR
- confessional statement
- co‑accused
- Section 309
- criminal antecedents
- non‑appearance
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87923 of 2025
Arising Out of PS. Case No.-387 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Krishna Kumar Das @ Makku Das Son of Ramprit Das Resident of Mohalla -
Milkichak Dilawarpur, P.S.- Bahadurpur, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhumala Kumari, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mrs. Madhumala Kumari, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
10.08.2025, in connection with Bahadurpur P.S. Case No. 387
of 2025, F.I.R. dated 09.08.2025 registered for the offences
punishable under Sections 309(6) 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 person
Patna High Court CR. MISC. No.87923 of 2025(3) dt.22-01-2026
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namely Sugandh Paswan and nothing has been recovered from
the possession of the petitioner and 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 10.08.2025.
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 one case 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 the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person 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 A.C.J.M. Darbhanga
in connection with Bahadurpur P.S. Case No. 387 of 2025,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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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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