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Patna High Court

Suman Patel @ Suman Kumar Patel @ Suman Kumar @ Suman Kr. PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing the furnishing of a bail bond and sureties.

Summary

The petitioner, Suman Patel, was arrested after a police check on a four-wheeler that fled when police approached; six occupants were seized and a pistol with live cartridge was recovered. The petitioner was implicated solely on the basis of a co-accused's confessional statement and has been in custody since 31 July 2025 without being produced before the trial inspector. Two co-accused had earlier been granted bail. The petitioner sought bail for offences under several sections of the BNS and the Arms Act, while the State opposed the relief. The court considered the nature of the accusations, the length of custody, and the lack of substantive evidence against the petitioner, and ordered his release on bail with a bond of Rs.10,000 and two sureties. The bail order was directed to be recorded before the Chief Judicial Magistrate, Motihari.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS and the Arms Act.
  • Whether the confessional statement of a co-accused alone suffices to justify continued detention of the petitioner.

Legislation cited

  • Arms Act — s. 25(1-b)a, 26, 35
  • BNS — s. 317(3), 317(4), 318(4), 319(2), 332, 336(3), 340(2), 3(5)

Subjects

  • bail
  • Arms Act
  • confessional statement
  • custody
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89506 of 2025
                  Arising Out of PS. Case No.-1 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Suman Patel @ Suman Kumar Patel @ Suman Kumar @ Suman Kr. Patel S/o
                 Ramnarayan Patel @ Shree Narayan Prasad R/o Village - Patkhauliya, P.S -
                 Chakia, District - East Champaran
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Usha Kumari
                 For the Opposite Party/s :      Mr. Ajit Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 336(3), 332, 340(2), 318(4), 319(2),

                   317(3), 317(4), 3(5) of the BNS and Sections 25(1-b)a, 26, 35 of

                   the Arms Act.

                                3. As per F.I.R., during course of checking, a four

                   wheeler Innova car was seen coming very rashly and seeing the

                   police, the driver of the said vehicle turned the vehicle and fled

                   away, but the vehicle was surrounded by the police and six male

                   & one lady, who were sitting in the vehicle, were apprehended.

                   On being asked, they disclosed their names and name of the

                   driver, who managed to escape, as Suman Patel (petitioner

                   herein) and on search, a country-made pistol and live cartridge

                   were recovered from apprehended accused persons.
           Patna High Court CR. MISC. No.89506 of 2025(2) dt.12-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that

                     petitioner has been made accused in this case only on the basis

                     of confessional statement of co-accused, who were apprehended

                     on spot. Till date, petitioner has not been put on T.I.Parade. Two

                     co-accused have been granted bail by a coordinate Bench of this

                     Court, vide order dated 27.05.2025 passed in Cr.Misc. Nos.

                     33426/2025 with 35676/2025. Petitioner is in custody since

                     31.07.2025.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail.

                                  6. Considering the nature of accusation and period of

                     custody, let the above named petitioner 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

                     C.J.M., Motihari, East Champaran in connection with

                     Kalyanpur P.S. Case No. 01 of 2025.



                                                        (Prabhat Kumar Singh, J)
anay

U      T


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