Patna High Court
Sudhanshu Kumar @ Bikki @ RakeshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Indian Penal Code — s. 392
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
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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
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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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