Patna High Court
Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 317(2), 3(5)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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