Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Sachin Kumar was charged under Section 394 of the Indian Penal Code and Section 27 of the Arms Act for an alleged robbery and shooting incident. The petitioner contended that he was falsely implicated, with the only incriminating material being the confessional statement of co-accused Indrajeet Kumar, and that no weapon or stolen property was recovered from him. He had been in judicial custody since June 2024 and faced eight prior similar cases. The State opposed bail, while the petitioner’s counsel argued lack of substantive evidence and reliance on suspicion. The High Court, after considering the submissions, granted regular bail on a bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, regular appearance before the SHO, and restrictions on tampering with evidence or witnesses.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under IPC 394 and Arms Act 27.
- Whether a confessional statement of a co-accused alone suffices to justify denial of bail.
- Whether the petitioner’s prior criminal antecedents warrant refusal of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
Subjects
- bail
- regular bail
- IPC 394
- Arms Act 27
- confessional statement
- co-accused
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4568 of 2026
Arising Out of PS. Case No.-375 Year-2024 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Sachin Kumar Son of Nawal Ray R/O Vill.- Madhopur, P.S.- Hathauri,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Ahiyapur P.S.
Case No. 375 of 2024 dated 15-03-2024 registered under
Section 394 of the Indian Penal Code and Section 27 of the
Arms Act.
3. The allegation is that the informant’s son was
intercepted by three unknown persons while returning from
Darbhanga to Muzaffarpur, who attempted to commit robbery
and in the process, shot him causing grievous injury and fled
away with his motorcycle and belongings; and the victim is
presently undergoing treatment in the ICU at Medanta Hospital,
Patna.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.4568 of 2026(2) dt.28-01-2026
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present case. It is further submitted that the petitioner’s name
transpired during the course of investigation merely on the basis
of the confessional statement of co-accused Indrajeet Kumar.
Learned counsel further submits that the said co-accused,
Indrajeet Kumar, has already been granted bail by the learned
Court below in Bail Petition No. 99 of 2025 vide order dated
04.02.2025. It is submitted that except the confessional
statement of the co-accused, there is no material on record to
establish the petitioner’s complicity in the alleged occurrence. It
is further submitted that no incriminating article has been
recovered from the possession of the petitioner and he has been
implicated merely on the basis of suspicion and alleged past
criminal antecedents. Lastly, it is submitted that the petitioner
has been in judicial custody since 22.06.2024 and is stated to
have eight criminal cases of similar nature.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, 1 st
Patna High Court CR. MISC. No.4568 of 2026(2) dt.28-01-2026
3/3
Class, Court No.-08, Muzaffapur (East) or concern Court, in
connection with Ahiyapur P.S. Case No. 375 of 2024, subject to
the following conditions: (i) that the petitioner shall co-operate
in the trial and shall be properly represented on each and every
date fixed by the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be cancelled
by the court below, (ii) that one of the bailors will be his own
blood relation, preferably father, mother, brother, sister and or
his wife, (iii) that the bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made accused
in any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse (iv)
that 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 and (v) that the petitioner will appear before
the SHO of concerned PS in the first week of each month till the
framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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