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Patna High Court

Sudhanshu Kumar @ Bikki @ RakeshversusThe State Of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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