Patna High Court
Sudhanshu Kumar @ Bikki @ Rakesh @ Sudhanshu Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Sudhanshu Kumar, was arrested on 6 February 2024 in connection with a robbery and assault case (PS Case No. 155 of 2022) involving offences under Section 394 of the IPC and Section 27 of the Arms Act. The prosecution’s case is based on a statement by a co‑accused describing how three men seized a motorcycle at gunpoint and shot the victim’s leg, but the petitioner’s name does not appear in the FIR and no material has been recovered from him. The petitioner’s counsel argued that only a confessional statement links him to the crime, there is no tip‑off or other evidence, and the investigation is incomplete. The State opposed bail, highlighting the petitioner’s seventeen prior criminal cases, eight of which are already on bail, and reliance on co‑accused confessions. The court, noting the absence of the petitioner’s name in the FIR, lack of substantive evidence, and the prolonged pre‑trial custody, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding trial attendance, evidence tampering, and verification of antecedents. The order directs the lower court to release the petitioner subject to these conditions.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and the prosecution’s case rests mainly on a co‑accused’s confessional statement.
- Whether the accused’s extensive criminal antecedent and pending cases justify denial of bail.
- Whether the absence of a tip‑off investigation and lack of seized material warrant the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
Subjects
- bail
- Section 394 IPC
- Section 27 Arms Act
- criminal antecedent
- confessional statement
- investigation
- TIP
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1434 of 2026
Arising Out of PS. Case No.-155 Year-2022 Thana- BANGARA District- Samastipur
======================================================
Sudhanshu Kumar @ Bikki @ Rakesh @ Sudhanshu Kumar Ray S/o-
Mahesh Prasad Resident of vill- Vasudevpur PS- Kalyanpur District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
: Ms. Rani Shashi Bharti, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 28-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks bail who is in custody since
06.02.2024 in connection with NH Bangra P.S. Case No. 155 of
2022 for the offences punishable under Sections 394 of IPC and
Section 27 of Arms Act.
3. The case of the prosecution, in brief, is that one
Ravi Shankar Kumar gave his fardbayan before the police on
06.12.2022 with regard to incident dated 15.12.2022 that
informant with his motorcycle bearing registration no-BR
33AV4909 was going to his house and when he reached near
Jeevan Sahara Hospital, in the meantime, three persons with FZ
motorcycle were found standing who forced the informant to
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stop and thereafter they snatched ignition key and took away his
motorcycle on point of pistol. It is further alleged that on protest
one of the accused people shot fire on leg of the informant. It is
further alleged that nearby people gathered to the P.O. and they
brought the informant at Jeevan Sahara Hospital after that his
family members came who brought the injured at Deep
Hospital, Patna for better treatment where treatment is going on.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and name of the petitioner has
transpired during the course of investigation on the basis of the
fact that petitioner was initially arrested in connection with
Musrigharari P.S. Case No. 53 of 2023, thereafter he was
remanded in the present case and he has confessed that he was
involved in the present crime in question. Learned counsel for
the petitioner submits that except the confessional statement of
the petitioner, no cogent material has come to suggest the
involvement of petitioner in the present occurrence and nothing
has been recovered from the conscious possession of the
petitioner or from the house of the petitioner and till date no TIP
has been conducted of the prosecution. It is next submitted that
police after investigation has submitted charge-sheet and
petitioner is in custody since 06.02.2024.
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5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner has antecedent of
seventeen cases other than the present case but fairly submits
that out of seventeen cases the petitioner is on bail in eight cases
and also stated that petitioner has been made accused in the
cases which have been mentioned in paragraph-3 of the bail
petition on the basis of confessional statement of co-accused
person.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner is not named in the FIR and name of
the petitioner has transpired during the course of investigation
and till date no TIP has been conducted of the prosecution and
also considering the period of custody, 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 the learned Judicial Magistrate First
Class, Samastipur in connection with NH Bangra P.S. Case No.
155 of 2022, subject to the 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
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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)
Gaurav Sinha/-
U T
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