Patna High Court
Anshu Kumar @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner given the procedural lapses and lack of direct accusation in the FIR.
Summary
Anshu Kumar was arrested on 5 August 2025 in connection with a case of loot alleged under Section 309(4) of the Bihar Narcotic Substances Act, 2023. The petitioner argued that he was not named in the FIR and his alleged involvement was based solely on a co‑accused’s confessional statement, with procedural lapses such as non‑compliance of Section 100(4) of the CrPC and no TIP being conducted. The State opposed bail, citing recovery of looted articles from the petitioner’s house and a pending case against him. The court noted the lack of direct naming in the FIR, the precedent of bail granted to a similarly situated co‑accused, and the procedural deficiencies, and therefore ordered bail on a Rs 10,000 bond with conditions. The bail order was subject to compliance with conditions regarding trial attendance, 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 accusation is based on a co‑accused’s confession.
- Whether the non‑compliance of Section 100(4) of the CrPC and the absence of a TIP justify granting bail.
- Whether the precedent of bail to a similarly situated co‑accused influences the decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 309(4)
- Code of Criminal Procedure, 1973 — s. 100(4)
Subjects
- bail
- FIR
- confessional statement
- procedural lapse
- Section 309(4)
- Section 100(4) CrPC
- Criminal antecedent
- TIP
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88130 of 2025
Arising Out of PS. Case No.-392 Year-2025 Thana- BYPASS District- Patna
======================================================
Anshu Kumar @ Aman Kumar Son of Shri Munna Kumar Resident of
Village- Marchi, P.S.- Bypass, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-01-2026 Heard Mr. Deepak Kumar Singh, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
05.08.2025, in connection with Bypass P.S. Case No. 392 of 2025,
F.I.R. dated 30.07.2025 registered for the offences punishable
under Sections 309(4) of the B.N.S., 2023.
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. Although
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some articles have been recovered from the house of the petitioner
but there is non-compliance of Section 100(4) of the Cr. P.C./103
of B.N.S.S.., 2023 and till date no TIP was conducted by the
prosecution. He further submits that similarly situated co-accused
person namely Chandra Shekhar Kumar Azad has been granted
bail by a Coordinate Bench of this Court vide order dated
12.01.2026 passed in Cr. Misc. No. 86622 of 2025 and the police
after investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 05.08.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the looted articles have been recovered from the
house of the petitioner and apart from aforesaid the petitioner
carries one more 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 similarly situated
co-accused person has been granted bail by a Coordinate Bench of
this Court, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
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two sureties of the like amount each to the satisfaction of learned
Judicial Magistrate First Class, Patna City, Patna in connection
with Bypass P.S. Case No. 392 of 2025, subject to the following
conditions :-
(1) 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.
(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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