Patna High Court
Sudhakar Kumar @ Sudhakar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Sudhakar Kumar was arrested on 9 July 2025 in connection with a case involving the shooting of a victim's grandmother and an attempted murder, alleged under Sections 109 and 3(5) of the BNS, 2023 and Section 27 of the Arms Act. The prosecution’s case relied on a secret police diary entry, while the victim, Lana Devi, had earlier identified a co‑accused, Ajay Kumar, as the shooter. The petitioner claimed innocence, stating he was initially an informant and that the police disregarded the victim’s statement. The State opposed bail, citing the petitioner’s prior similar criminal antecedent and the filing of two FIRs for the same incident. The High Court, after considering the lack of substantive evidence against the petitioner and the victim’s testimony, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the BNS, 2023 and the Arms Act.
- Whether the victim’s statement implicating a co‑accused and the absence of other material evidence justify bail.
- Whether the petitioner’s prior criminal antecedent and the existence of two FIRs affect the bail decision.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- BNS 2023
- evidence
- prior criminal antecedent
- victim statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6278 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
Sudhakar Kumar @ Sudhakar Yadav S/O Kailash Yadav R/O Village- Suhath,
P.s.- Sour Bazar, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr. Chandra Mohan Jha, learned counsel for
the petitioner and Dr. Ajeet Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.07.2025 in connection with Saur Bazar P.S. Case No. 116 of
2025, F.I.R. dated 12.04.2025 for the offences punishable under
Sections 109 and 3(5) of the BNS, 2023 and Section 27 of the
Arms Act.
3. According to prosecution case, due to some dispute
the co-accused persons fired upon the grand mother of the
informant due to which she received injury on her waist and
another co-accused pressed her neck with an intention to kill
her.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.6278 of 2026(3) dt.23-03-2026
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petitioner is innocent and he has falsely been implicated in the
present case. He further submits that initially the petitioner was
informant of the present case and during investigation the
petitioner has been made accused in the present case. He further
submits that statement of the victim, namely, Lana Devi was
recorded before the police in which she has categorically stated
that the co-accused, namely, Ajay Kumar fired upon her but
later on police has implicated the petitioner on the basis of
secret information which was recorded in the paragraph no. 30
of the case diary and except the aforesaid, no other cogent
material has come during investigation which suggest the
involvement of the petitioner in the present case but the police
have disbelieved the statement of the victim which was recorded
in paragraph no. 17 of the case diary in which she has stated that
the co-accused has fired upon her. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 09.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the name of the petitioner has been transpired
during investigation in the present occurrence and apart from
that the petitioner carries one criminal antecedent of similar
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nature other than the present one fairly submits that the
prosecution has lodged two F.I.R for the same occurrence.
6. Considering the aforesaid facts and circumstances,
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 Chief
Judicial Magistrate, Saharsa in connection with Saur Bazar P.S.
Case No. 116 of 2025, 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
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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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