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Patna High Court

Mahesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Summary

Mahesh Kumar was sought to be arrested in connection with a FIR dated 10‑10‑2024 for offences under Sections 317(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case relied solely on the disclosure of the petitioner’s name by a co‑accused, Gagan Kumar, with no other material linking him to the crime. The petitioner contended that he was falsely implicated and that the co‑accused’s statement alone was insufficient for denial of bail. The State highlighted two prior criminal antecedents of the petitioner but noted he was already on bail in another matter. The High Court, considering the lack of independent evidence and the petitioner’s prior bail status, granted bail subject to conditions prescribed under Section 438(2) of the Code of Criminal Procedure, including a bond, sureties, and compliance with further directives.

Issues considered

  • Whether bail should be granted when the petitioner’s name is mentioned only in the co‑accused’s statement.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether the conditions imposed under Section 438(2) CrPC are appropriate in the present case.

Legislation cited

Subjects

  • bail
  • co‑accused disclosure
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Narcotic Substances Act
  • evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89086 of 2025
                    Arising Out of PS. Case No.-208 Year-2024 Thana- SANGRAMPUR District- Munger
                 ======================================================
                 Mahesh Kumar S/O Brahamdeo singh R/O Mohalla/Village- Champachak,
                 P.S.- Tetia Bamber, Dist.- Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Kamal Nayan, Advocate
                 For the Opposite Party/s :      Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                       Heard Mr. Kumar Kamal Nayan, learned counsel

                   for the petitioner and Md. Shakir Ahmad, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Sangrampur P.S. Case No. 208 of 2024, F.I.R.

                   dated 10.10.2024 for the offences punishable under Sections

                   317(2) and 3(5) of the BNS, 2023.

                               3. According to prosecution case, the police have

                   apprehended co-accused, Mangal Kumar with theft vehicle and

                   also told that the said vehicle was purchased by Gagan Kumar

                   who dislcosed the name of the petitioner.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. His name has been transpired on the basis of the
Patna High Court CR. MISC. No.89086 of 2025(2) dt.12-01-2026
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          disclosure made by the co-accused, namely, Gagan Kumar and

          except the aforesaid, no other cogent material has come during

          investigation which suggest the invovlement of the petitioner in

          the present occurrence.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the name of the petitioner has been transpired on

          the basis of the disclosure made by the co-accused person and

          apart from that the petitioner carries two criminal antecedents

          other than the present one but fairly submits that the petitioner is

          on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances

          that the name of the petitioner has been transpired on the basis

          of the disclosure made by the co-accused person, let the

          petitioner, above named, in the event of his arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, 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 learned CJM,

          Munger in connection with Sangrampur P.S. Case No. 208 of

          2024, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure and with other
            Patna High Court CR. MISC. No.89086 of 2025(2) dt.12-01-2026
                                                        3/3




                      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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