Patna High Court
Suman Patel @ Suman Kumar Patel @ Suman Kumar @ Suman Kr. PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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