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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.90960 of 2025(2) dt.13-01-2026
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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
               Patna High Court CR. MISC. No.90960 of 2025(2) dt.13-01-2026
                                                           3/3




                         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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