Patna High Court
Suman Kumar @ Suman ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Suman Kumar, was arrested on 16 May 2025 in connection with a case registered on 6 August 2024 for an alleged offence under Section 309(4) of the Bihar Narcotic Substances Act, but the chargesheet was filed under Section 27 of the Arms Act. He was not named in the FIR; his name emerged only from the confessional statement of a co‑accused, and no material possession (TIP) has been produced by the prosecution. The State opposed bail, highlighting four other pending cases against the petitioner. The Court noted the lack of direct evidence, the absence of TIP, and the fact that the petitioner was not originally named in the FIR, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only evidence is a co‑accused's confessional statement.
- Whether the absence of a turn‑in‑possession (TIP) and pending other cases affect the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- FIR
- confessional statement
- Arms Act
- criminal antecedent
- turn in possession
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3838 of 2026
Arising Out of PS. Case No.-375 Year-2024 Thana- RAJAON District- Banka
======================================================
Suman Kumar @ Suman Chaudhary S/O Rambadan Choudhary R/O Village-
Mirzapur, P.S- Barahat, Distt.- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr.Ranjan Kumar Jha, learned counsel for the
petitioner and Mr.Bharat Bhushan, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
16.05.2025 in connection with Rajoun P.S. Case No. 375 of
2024, F.I.R. dated 06.08.2024 registered for the offence
punishable under Sections 309(4) of BNS but chargesheet has
been submitted under Section 27 of the Arms Act.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
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 co-accused person, namely, Abhishek
Patna High Court CR. MISC. No.3838 of 2026(2) dt.27-01-2026
2/3
Kumar, nothing has been recovered from conscious possession
of the petitioner, till date no TIP has been conducted by the
prosecution. The police, after investigaiton, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 16.05.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries four more cases other than the present one, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, 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 co-accused person 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 Chief Judicial Magistrate, Banka in connection with
Rajoun P.S. Case No. 375 of 2024, with 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.3838 of 2026(2) dt.27-01-2026
3/3
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
Checking your session…