Patna High Court
Suresh Ram @ Shubham Kumar @ TusharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Suresh Ram, sought regular bail in a robbery case under IPC section 392 where an amount of Rs.55,700 was allegedly stolen. The prosecution’s case relied on a confessional statement by co‑accused Jawahar Prasad naming the petitioner and on Call Detail Records showing the petitioner’s SIM tower at the crime scene, along with his six prior criminal cases. The petitioner argued he was falsely implicated, noting the absence of any recovery of stolen property, no Test Identification Parade, and that the co‑accused had already been granted bail. The court examined the material on record, the relevance of the co‑accused’s confession, the CDR evidence, and the petitioner’s antecedents, and found insufficient grounds to deny bail. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the confessional statement of a co‑accused and CDR evidence linking his SIM to the crime scene
- Whether the absence of a Test Identification Parade and recovery of stolen property precludes bail
- Whether the petitioner’s prior criminal antecedents justify denial of bail
- Whether the co‑accused’s prior grant of bail influences the petitioner’s bail application
Legislation cited
- Indian Penal Code — s. 392
Subjects
- regular bail
- IPC 392
- robbery
- confessional statement
- Call Detail Records
- criminal antecedent
- Test Identification Parade
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88915 of 2025
Arising Out of PS. Case No.-22 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
Suresh Ram @ Shubham Kumar @ Tushar S/O Jagdeo Ram R/O Village -
Fatehpur P.S.- Tariyani, Dist.- Sheohar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 392 of the
Indian Penal Code.
3. The case of the prosecution, in short, is that
unknown miscreants has snatched a total sum of Rs. 55,700/-
which had been collected from different persons and fled away
from the spot The First Information Report was lodged against
unknown miscreants.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. During the course of
investigation, one co-accused, namely, Jawahar Prasad made a
Patna High Court CR. MISC. No.88915 of 2025(2) dt.08-01-2026
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confessional statement, on the basis of which the name of this
petitioner has surfaced. It is further submitted that no recovery
has been made from the possession of this petitioner and no Test
Identification Parade (TIP) has been conducted. Save and except
the said confessional statement, there is no material on record to
implicate the petitioner.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail, submitting that,
as per the Call Detail Records (CDR), the tower location of the
petitioner’s SIM was found at the place of occurrence. It is
further submitted that the petitioner is having criminal
antecedent of six cases.
6. Per contra, learned counsel for the petitioner
submits that co-accused, namely, Jawahar Prasad, who disclosed
the name of the petitioner in his confessional statement, has
already been granted bail by a co-ordinate Bench of this Court
vide order dated 13.08.2024 passed in Cr. Misc. No. 53749 of
2024. Moreover, the petitioner is languishing in judicial custody
since 28.07.2025.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.88915 of 2025(2) dt.08-01-2026
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bail in connection with Rajpur P.S. Case No. 22 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge – XII, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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