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Patna High Court

Sudhanshu Kumar @ Bikki @ Rakesh @ Sudhanshu Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1434 of 2026(4) dt.28-04-2026
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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.
Patna High Court CR. MISC. No.1434 of 2026(4) dt.28-04-2026
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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
           Patna High Court CR. MISC. No.1434 of 2026(4) dt.28-04-2026
                                                       4/4




                     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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