Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, due to the lack of substantive evidence and his clean antecedent.
Summary
The petitioner, Jitendra Kumar, was arrested on 10 October 2025 in connection with Baddi Police Station Case No. 163 of 2025, arising from an FIR dated 5 October 2025 that alleged an offence punishable under Section 310(2) of the Bihar Narcotic Substances Act, 2023. The FIR named no individual; the petitioner’s name surfaced only through the confessional statement of a co‑accused, Bhuwal Kumar, and no other material evidence, TIP, or recovered items were presented against him. The petitioner, who has a clean antecedent, applied for bail, arguing the lack of substantive proof and that he was not originally named in the FIR. The State opposed the bail application. The Court, noting the absence of corroborative evidence and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- What is the appropriateness of granting bail when the accused is implicated solely on the basis of a co‑accused’s confessional statement and lacks any material evidence?
- Whether the absence of a TIP and recovery of any incriminating property justifies bail under Section 310(2) of the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 310(2)
Subjects
- bail
- confessional statement
- clean antecedent
- Section 310(2) BNS 2023
- dacoity
- chargesheet
- investigation
- TIP
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90960 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- BADDI District- Rohtas
======================================================
Jitendra Kumar S/O Sanjay Bind @ Sanjay Prasad Bind Resident of Village -
Basnara, Tengra, Police Station- Chenari District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Raghunandan Kumar Singh,, learned
counsel for the petitioner and Mr.Navin Kumar Pandey,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
10.10.2025 in connection with Baddi P.S. Case No. 163 of
2025, F.I.R. dated 05.10.2025 registered for the offence
punishable under Section 310(2) of BNS, 2023.
3. The FIR of the occurrence of Dacoity is against
unknown.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and is not
named in the FIR. The name of the petitioner has been
transpired during investigation on the basis of the confessional
statement of apprehended co-accused person, namely, Bhuwal
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Kumar and except the aforesaid no other cogent material has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence, till date
no TIP has been conducted by the prosecution and nothing has
been recovered from conscious possession or the house of the
petitioner. The police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
10.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, petitioner is not named in the FIR, the name of the
petitioner has been transpired during investigation on the basis
of the confessional statement of apprehended co-accused
person, namely, Bhuwal Kumar and till date no TIP has been
conducted by the prosecution, 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 learned J.M., 1st Class, Sasaram, Rohtas in
connection with Baddi P.S. Case No. 163 of 2025, with the
following conditions:-
(I) 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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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