Patna High Court
Sudhanshu Kumar @ Bikki @ RakeshversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Sudhanshu Kumar, sought regular bail in a case registered under Section 392 of the Indian Penal Code for alleged bike snatching. The prosecution alleged that unknown miscreants stole the informant's bike, while the petitioner claimed innocence, asserting he was framed due to his prior criminal record and that only a confessional statement linked him to the case. The State opposed bail, highlighting the petitioner's antecedent of seventeen cases. After hearing both sides, the court considered the lack of material evidence beyond the confession and the petitioner's prolonged custody since February 2024. The court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of trial cooperation, presence at each hearing, a close relative as one bailor, and weekly attendance at the police station.
Issues considered
- Whether regular bail should be granted to the petitioner despite his extensive criminal antecedent
- Whether the confessional statement alone suffices to justify continued detention
- Whether the conditions imposed are appropriate under the circumstances
Legislation cited
- Indian Penal Code — s. 392
Subjects
- regular bail
- robbery
- IPC 392
- criminal antecedent
- confessional statement
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12082 of 2026
Arising Out of PS. Case No.-7 Year-2023 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
Sudhanshu Kumar @ Bikki @ Rakesh S/O Mahesh Prasad Resident of vill.-
Basudeopur, P.S.- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rani Shashi Bharti, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 392 of the
Indian Penal Code.
3. The case of the prosecution is that some unknown
miscreants have snatched the bike of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that he has been framed in
this case due to his criminal antecedent and he has been remanded
in this case from Musrigharari P.S. Case No. 53 of 2023 wherein
he has given his confessional statement. Save and except
confessional statement, there is nothing against him. Nothing has
been recovered from his possession. Moreover, he is languishing
Patna High Court CR. MISC. No.12082 of 2026(3) dt.06-04-2026
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in judicial custody since 06.02.2024.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that petitioner
is having criminal antecedent of seventeen cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with N.H.
Bangra P.S. Case No. 07 of 2023 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, Samastipur
with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every fixed
date.
(ii) One of the bailors should be close relative of the
petitioner.
(iii) Petitioner is also directed to mark his weekly
attendance at Kalyanpur P.S.
(Ashok Kumar Pandey, J)
shubham/-
U T
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