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Patna High Court

Suman Kumar @ Prashant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on a bond of Rs. 10,000 with two sureties and specific conditions.

Summary

The petitioner, Suman Kumar, was arrested on 1 October 2025 in connection with a case involving alleged vehicle theft, assault on an informant, and theft of a mobile phone, charged under Sections 310(2) and 111(2) of the B.N.S. The prosecution’s case relied primarily on the confessional statement of a co‑accused, Satish Kumar, and no further investigation (TIP) had been conducted. The petitioner’s counsel argued that he has a clean antecedent and that the allegations are false and fabricated. The learned Additional Public Prosecutor opposed bail. Considering the petitioner’s clean record, the reliance on a co‑accused’s confession, and the lack of further investigation, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under Sections 310(2) and 111(2) of the B.N.S.
  • Whether the reliance on a co‑accused’s confessional statement, without further investigation, justifies bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 310
  • Section 111
  • confessional statement
  • co‑accused
  • clean antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91478 of 2025
                       Arising Out of PS. Case No.-271 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Suman Kumar @ Prashant Kumar S/O Rinku Rai @ Prakash Kumar Resident
                 of Village- Naya Tola Dedaur, P.S.- Bakhtiarpur, District- Patna 803212

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shekhar Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                  Heard Mr. Shekhar Kumar Singh, learned counsel for

                   the petitioner and Mr. Saty Nand Shukla, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   01.10.2025 in connection with Salimpur P.S. Case No. 271 of

                   2025, F.I.R. dated 25.09.2025 for the offences punishable under

                   Sections 310(2), 111(2) of the B.N.S.

                                3. According to prosecution case, petitioner and other

                   accused persons are alleged to have on point of pistol snatched

                   away the vehicle of the informant and also assaulted the

                   informant and they also snatched away the mobile of the

                   informant’s son.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.91478 of 2025(2) dt.13-01-2026
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          implicated in the present case. The allegation as alleged is false

          and fabricated and the petitioner has not committed any offence

          as alleged in the F.I.R. The name of the petitioner transpired on

          the basis of confessional statement of apprehended co-accused

          person, namely, Satish Kumar. Till date, no TIP has been

          conducted by the prosecution. The police after investigation,

          submitted chargesheet against the petitioner and the petitioner is

          in custody since 01.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent, the name of the petitioner

          transpired on the basis of confessional statement of co-accused,

          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 the learned A.C.J.M.-

          1, Barh in connection with Salimpur P.S. Case No. 271 of 2025,

          with the other 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 her absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.91478 of 2025(2) dt.13-01-2026
                                                        3/3




                      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

                      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)

Ranjeet/-

U      T


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