Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail subject to a bail bond of Rs 10,000 with two sureties.
Summary
Suraj Kumar was arrested in connection with PS Salimpur case no.236 of 2024 under section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleged to have been robbed by four accused who also obtained a confessional statement from him before police. The petitioner claimed he was falsely implicated, that no incriminating articles were recovered from him, and that he had not been subjected to a TI parade despite being in custody since 21‑09‑2025. He further pointed out that a co‑accused had already been released on bail. The State opposed the bail application. After considering the prosecution’s reliance on the confession, the absence of seized material, and the fact that a chargesheet had been filed, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the petitioner under section 309(4) of the Bharatiya Nyaya Sanhita despite the existence of a confessional statement and a filed chargesheet.
- Whether the petitioner’s non‑appearance before the TI parade and the non‑recovery of incriminating articles justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- confessional statement
- Bharatiya Nyaya Sanhita
- section 309(4)
- criminal procedure
- chargesheet
- TI parade
- robbery
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.771 of 2026
Arising Out of PS. Case No.-236 Year-2024 Thana- SALIMPUR District- Patna
======================================================
Suraj Kumar S/O Bindi Singh R/O Village- Mogalpura Bigha, P.S.-
Bakhtiyarpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Salimpur P.S. Case
no.236 of 2024 registered under section 309(4) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, four accused persons
on two motorcycles stopped the petitioner and looted him of his
various articles including his tablet, biometric device, mobile
phone etc.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case in course of
investigation. Referring to the order of the learned Court below,
Patna High Court CR. MISC. No.771 of 2026(2) dt.15-01-2026
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it is submitted that the prosecution is mainly relying on the
confessional statement of the petitioner made before police. No
incriminating article has been recovered from the petitioner’s
possession and inspite of the petitioner having remained in
custody since 21.9.2025, he has not been put on T.I. parade.
Chargesheet has been submitted in the case. The petitioner
undertakes to cooperate in the trial. It is further submitted that
co-accused Hemant Kumar has been enlarged on bail vide order
dated 8.10.2025 passed in Cr. Misc. no.69464 of 2025.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the material that has transpired in course of
investigation as is evident from the order of the learned trial
Court, the prosecution mainly relying on the confessional
statement of the petitioner made before police, the petitioner not
having been put on T.I. parade inspite of being in custody since
21.9.2025 and chargesheet having been submitted in the case,
the Court directs the petitioner to be enlarged on bail in
connection with Salimpur P.S. Case no.236 of 2024 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.771 of 2026(2) dt.15-01-2026
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two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate Ist, Barh, Patna.
(Partha Sarthy, J)
Saurabh/-
U T
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