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Patna High Court

Sudhakar Kumar @ Sudhakar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/4




          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
Patna High Court CR. MISC. No.6278 of 2026(3) dt.23-03-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.6278 of 2026(3) dt.23-03-2026
                                                        4/4




                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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