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Patna High Court

Sajan Kumar @ Tabla @ Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond, sureties, and conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Sajan Kumar (also known as Tabla/Suraj Kumar), was arrested in connection with a case registered under Sections 413, 414 and 34 of the IPC for allegedly purchasing a stolen motorcycle from a co‑accused. The prosecution's case relied mainly on the co‑accused’s confessional statement, with no other material linking the petitioner to the offence, and the police failed to verify the mobile number mentioned. The petitioner contended that he was falsely implicated and had only one prior case. The State opposed bail, citing the seriousness of the charges. After considering the charge sheet, the lack of substantive evidence, and the period of custody, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements.

Issues considered

  • Whether bail should be granted in a case involving offences under Sections 413, 414 and 34 of the IPC when the primary evidence is a co‑accused’s confession.
  • Whether the petitioner has been falsely implicated due to inadequate police verification of identity.
  • Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.

Legislation cited

Subjects

  • bail
  • false implication
  • IPC sections 413 414 34
  • Section 480(3) BNSS
  • confessional statement
  • co‑accused
  • sureties
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83743 of 2025
                    Arising Out of PS. Case No.-233 Year-2018 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
                 Sajan Kumar @ Tabla @ Suraj Kumar S/o Late Vinod Mahto Resident of
                 village and Post - Madhopur, P.S.- Mushahari, Distt.- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raju Kumar, Adv.
                                                  Mr. Shubham Samrat, Adv.
                 For the Opposite Party/s :       Mr.Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   11-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Mushahari P.S. Case No. 233 of 2018,

                   registered for the offences under Sections 413, 414/34 of the

                   IPC.

                                 3. As per the prosecution case, coaccused Rakesh

                   Kumar was apprehended with stolen motorcycle and on his

                   instance further another stolen motorcycle was recovered. The

                   coaccused named this petitioner from who he has purchased the

                   stolen motorcycle.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated
Patna High Court CR. MISC. No.83743 of 2025(4) dt.11-02-2026
                                            2/3




          in this case and he has not committed any offence. Except for

          confessional statement of coaccused, there is no material against

          this petitioner. Moreover, the coaccused has named Suraj Kumar

          with specific mobile number but the police did not investigate

          the matter so as to ascertain the petitioner is the same Suraj

          Kumar having the same mobile number. The petitioner is in

          custody since 02.10.2025 and charge sheet has been submitted.

          The petitioner has antecedent of one case.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          submission of charge sheet and period of custody, the petitioner

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned JMFC,

          Muzaffarpur        East/concerned         court,     in   connection   with

          Mushahari P.S. Case No. 233 of 2018, subject to the condition

          laid down under Section 480(3) of the BNSS and other

          following conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.
             Patna High Court CR. MISC. No.83743 of 2025(4) dt.11-02-2026
                                                         3/3




                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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