Patna High Court
Suraj Kumar @ Suraya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond, sureties and conditions of appearance.
Summary
Suraj Kumar was arrested in a case under Section 309(6) of the B.N.S. and Section 27 of the Arms Act after an FIR lodged against unknown persons identified him through a co‑accused’s confessional statement. No material was recovered from him and he was not produced for a T.I. parade, while a similarly situated co‑accused, Dhanju Kumar, had already been granted regular bail by a coordinate bench. The State opposed bail on the ground of habitual criminality, but the petitioner was already on bail in other matters. The Court held that the reliance on a co‑accused’s confession, without independent corroboration, did not justify continued detention and that the prior bail to the co‑accused was relevant. Accordingly, the Court ordered his release on bail with a Rs.10,000 bond, two sureties, and conditions of personal appearance, pending confirmation that charges have been framed.
Issues considered
- The adequacy of a co‑accused’s confessional statement as the sole basis for continuing detention.
- Whether the petitioner’s alleged habitual criminal record precludes the grant of bail.
- The relevance of a prior regular bail order to a co‑accused in the same case.
Legislation cited
Subjects
- bail
- confessional statement
- habitual criminal
- Arms Act
- Section 27
- criminal procedure
- regular bail
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74793 of 2025
Arising Out of PS. Case No.-128 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Suraj Kumar @ Suraya Kumar S/o Nageshwar Yadav Resident of - Beldhana,
P.S - Chandi, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 309(6) of B.N.S. and
Section 27 of the Arms Act.
3. The case of the prosecution is that the informant
was returning on his bike and as he reached near Bhandari,
State Highway-78, he was intercepted. It is further alleged that
he was being fired at and his bike was taken away by the
miscreants.
4. Learned counsel for the petitioner submits that
the First Information Report had been lodged against unknown
and the name of the petitioner transpired on the basis of
confessional statement of co-accused, Bharat Kumar during the
Patna High Court CR. MISC. No.74793 of 2025(5) dt.13-02-2026
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course of investigation, which has no evidentiary value. It is
further submitted that there has been no recovery from the
possession of this petitioner and he was also not put on T.I.
parade. It is pointed out that co-accused, Dhanju Kumar whose
name also transpired on the confessional statement of the co-
accused, Bharat Kumar, has already been granted the privilege
of regular bail by a Co-ordinate Bench of this Court vide order
dated 09.10.2025 passed in Cr. Misc. No.70820 of 2025. The
petitioner is in custody since 13.06.2025 and charges have
already been framed.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner is a habitual criminal and
has criminal antecedents. In response, however, it is submitted
that petitioner is on bail in all the other cases.
6. Taking into consideration the facts and
circumstances and considering the fact that the case against the
petitioner rests on the face of confessional statement of co-
accused, coupled with the fact that similarly situated co-
accused has been granted privilege of regular bail by a Co-
ordinate Bench of this Court, let the above named petitioner, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.74793 of 2025(5) dt.13-02-2026
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each to the satisfaction of the learned Chief Judicial Magistrate,
Biharsharif/concerned Court below in connection with Rahui
P.S. Case No. 128 of 2025 subject to condition that:-
(i) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
7. However, before accepting the bail bonds of the
petitioner, the Court concerned would ensure that the charges
have been framed, as such submission has been made before
this Court.
(Soni Shrivastava, J)
anand/-
U T
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