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Patna High Court

Sudhanshu Kumar @ Bikki @ RakeshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sudhanshu Kumar, sought bail in a robbery case under Section 392 of the Indian Penal Code, alleging that he was falsely implicated and not named in the FIR. The prosecution alleged that three unknown miscreants robbed an informant, and the petitioner was linked through a prior confession, which the defense argued lacked evidentiary value. The petitioner highlighted the absence of any incriminating material, lack of a thorough investigation, and his long pre‑trial custody despite having seventeen prior convictions. The State opposed bail, emphasizing the seriousness of the offence. After considering the facts, the court granted bail on the condition that the petitioner appears for trial, does not tamper with evidence or intimidate witnesses, and complies with other standard bail conditions.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 392 IPC given the nature of the offence and the circumstances of the investigation.
  • Whether a confession recorded by police, without corroboration, can be the basis for continued detention.
  • Whether the absence of the accused's name in the FIR precludes the grant of bail.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • criminal procedure
  • pre‑trial detention
  • confession
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7547 of 2026
                    Arising Out of PS. Case No.-121 Year-2022 Thana- NATIONAL HIGHWAY District-
                                                       Samastipur
                 ======================================================
                 Sudhanshu Kumar @ Bikki @ Rakesh S/o Mahesh Prasad R/o Village -
                 Vasudevpur, P.S - Kalyanpur, District - Samastipur
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Bhushan Prasad, Advocate
                 For the Opposite Party/s :      Mr.Tarun Prasad Mandal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with N.H.

                   Bangra P.S. Case No. 121 of 2022 (G.R. No. 2642 of 2022)

                   instituted for the offences under Section 392 of the Indian Penal

                   Code.

                                3. As per prosecution case, three unknown miscreants,

                   boarded on a motorcycle, intercepted the Informant on the way

                   and, on the point of pistol, they robbed motorcycle of the

                   Informant and fled away from there.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   against him and has falsely been implicated in the present case.

                   The petitioner is not named in the F.I.R. as the same has been
Patna High Court CR. MISC. No.7547 of 2026(2) dt.02-02-2026
                                            2/3




          registered against unknown. He further submits that nothing

          incriminating has been recovered from the conscious possession of

          the petitioner. No T.I.P. has been conducted in this case. He further

          submits that petitioner has been remanded in this case from

          Musrigharari P.S. Case No. 53 of 2023 on the basis of his

          confession before the Police, which has no evidentiary value.

          Learned counsel for the petitioner again submits that there is no

          direct or specific allegation of any overt act against the petitioner

          rather the same is general and omnibus in nature. The petitioner

          has no concern with the alleged occurrence. Learned counsel for

          the petitioner further submits that other co-accused has been

          granted bail by this Court vide order dated 07.08.2024 passed in

          Cr. Misc. No. 54177 of 2024. The petitioner has seventeen

          criminal antecedents and is languishing in judicial custody since

          06.02.2024 without any rhymes or reason.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Having heard rival contention of both the parties and

          considering the entire facts and circumstances of the case as also

          taking into account the period of custody of the petitioner, let the

          petitioner, above named, be released on bail, after framing of

          charge, if not already framed, on furnishing bail bonds of

          Rs.10,000/- (Ten thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.7547 of 2026(2) dt.02-02-2026
                                                       3/3




                     each to the satisfaction of Court below/concerned Court in

                     connection with N.H. Bangra (Samastipur) P.S. Case No. 121 of

                     2022 (G.R. No. 2642 of 2022), subject to the following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the prosecution

                     evidence or influence/intimidate any witness during the course of

                     trial.

                                   (IV) The Petitioner shall not commit offence of a

                     similar nature in future.

                                   (V) The Petitioner shall not leave the territorial

                     jurisdiction of the learned court below without prior permission of

                     the court concerned.

                                    In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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