Patna High Court

Suraj Kumar @ SethwaversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

In the absence of any material evidence apart from the co‑accused’s confessional statement, the petitioner is entitled to regular bail.

Summary

Suraj Kumar applied for regular bail in a case involving offences under Sections 109, 309(6) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution’s case is based solely on a confessional statement of a co‑accused, Manish Kumar, who had already been granted bail. No direct evidence or FIR naming the petitioner was found, and the investigation was completed. The State’s counsel acknowledged the lack of material against the petitioner apart from the co‑accused’s statement. Considering the petitioner’s prolonged custody and the absence of substantive evidence, the Court ordered his release on bail upon furnishing a bond and sureties.

Issues considered

Whether regular bail can be granted when the only incriminating material against the accused is a confessional statement of a co‑accused and no other evidence exists.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 109, 309(6), 3(5)

Subjects

regular bail
confessional statement
co‑accused
Arms Act
Bharatiya Nyaya Sanhita
investigation completed
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90182 of 2025
                 Arising Out of PS. Case No.-380 Year-2024 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Suraj Kumar @ Sethwa S/o Kailash Thakur R/o vill - Chaklokman Gudari
                 Road, P.S.- Dalsingsarai, Distt.- Samastipur
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Manoj Kumar Singh, Advocate
                 For the State              :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                          Heard the parties.

                                  2. Petitioner seeks regular bail in connection with

                   Dalsingsarai P.S. Case No. 380 of 2024 registered for the offences

                   punishable under Sections 109, 309(6) and 3(5) of the Bharatiya

                   Nyaya Sanhita and Section 27 of the Arms Act.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that, as per the prosecution case, three unknown

                   miscreants riding on an Apache motorcycle fired upon the

                   informant’s brother-in-law, Chandan Kumar, causing a gunshot

                   injury to his stomach, and thereafter snatched his laptop. However,

                   the petitioner is not named in the FIR, and his name transpired

                   merely on the basis of the confessional statement of the co-

                   accused, Manish Kumar, recorded in another case, who has been

                   granted bail by a learned co-ordinate Bench of this Court vide

                   order dated 13.08.2025 passed in Cr. Misc. No. 39604 of 2025. It

                   is lastly submitted that the petitioner has been languishing in jail
           Patna High Court CR. MISC. No.90182 of 2025(2) dt.13-01-2026
                                                       2/2




                     since 10.01.2025 and against him, the investigation has been

                     completed.

                                  4. Though the learned APP for the State has opposed

                     the prayer for bail of the petitioner, he fairly accepts that, except

                     the confessional statement of the co-accused Manish Kumar,

                     nothing has been found against the petitioner.

                                  5. Considering the above submissions, the averments

                     made in this application, and mainly the petitioner’s plea that,

                     except the confessional statement made by the co-accused Manish

                     Kumar, who has already been granted bail by a co-ordinate Bench

                     of this Court, there is no other material against the petitioner and

                     this fact is also accepted by the learned APP, coupled with the

                     petitioner’s period of custody, this Court is inclined to release the

                     petitioner on bail. Accordingly, let the petitioner named-above be

                     released on bail on furnishing bail bond of Rs. 20,000/- (Rupees

                     Twenty Thousand) with two sureties of the like amount each to the

                     satisfaction of the concerned Court in connection with

                     Dalsingsarai P.S. Case No. 380 of 2024.



                                               (Shailendra Singh, J)
maynaz/-
U     T

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