Patna High Court
Sunil Kumar @ Guddu @ GuddaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding the material against him insufficient to deny release.
Summary
The petitioner, Sunil Kumar @ Guddu, was arrested on 18 June 2025 in connection with FIR No. 268 of 2024 for offences under Sections 312, 103(1), 3(5) of the BNS Act and Section 27 of the Arms Act. The FIR does not name him; his alleged involvement emerged only from the confessional statement of co‑accused Sachin Kumar. The petitioner contended that he has a clean antecedent and has been falsely implicated, while the State opposed his bail. The Court noted that the sole material linking the petitioner to the crime was the co‑accused’s confession and that a co‑accused had already been granted bail. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was ordered to be effective immediately without waiting for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner who is not named in the FIR and whose alleged involvement is based solely on a co‑accused’s confessional statement.
Legislation cited
Subjects
- bail
- clean antecedent
- confessional statement
- co‑accused
- Arms Act
- criminal procedure
- FIR
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83822 of 2025
Arising Out of PS. Case No.-268 Year-2024 Thana- NAUGACHIA District- Bhagalpur
======================================================
Sunil Kumar @ Guddu @ Gudda S/o- Late Mahendra Mandal @ Late
Mahindra Mandal Resident of Village-Pakra, Laxmipur, Police Station-
Naugachia, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-01-2026 Heard Mr.Amrendra Kumar, learned counsel for the
petitioner and Mr.Uma Shankar Prasad Singh, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
18.06.2025 in connection with Naugachia P.S. Case No. 268
of 2024, F.I.R. dated 18.08.2024 registered for the offence
punishable under Sections 312,103(1),3(5) of BNS and 27 of
Arms Act.
3. According to prosecution case, Ramesh Mandal
shot at the deceased Toksan Kumar in his head. Rajesh
Mandal also fired on the informant which did hit him. The
petitioner is not named in the F.I.R.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.83822 of 2025(3) dt.17-01-2026
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submits that the petitioner has clean antecedent and he has
falsely been implicated in the present case. Petitioner is not
named in the FIR. The name of the petitioner has been
transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Sachin
Kumar and except the aforesaid, no other cogent material has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence.
Although there is specific allegation of firing attributed
against co-accused person, namely, Ramesh Mandal that he
has fired upon the victim and the co-accused person, namely,
Sachin Kumar @ Murga, who has confessed the name of the
petitioner, has been granted bail by a Coordinate Bench of this
Hon’ble Court vide order dated 06.03.2025 passed in Cr.
Misc. No.10815 of 2025 and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner
is in custody since 18.06.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has
clean antecedent, petitioner is not named in the FIR, the name
of the petitioner has been transpired during investigation on
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the basis of the confessional statement of co-accused person,
namely, Sachin Kumar and said co-accused person has been
granted bail by a Coordinate Bench of this Hon’ble Court, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.-
1st, Naugachia, Bhagalpur in connection with Naugachia P.S.
Case No. 268 of 2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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