Patna High Court
Sajan Kumar @ Tabla @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Instruments (BNSS) — s. 480(3)
- Indian Penal Code — s. 34, 413, 414
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
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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.
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(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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