Patna High Court
Suman Kumar @ Prashant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 111(2), 310(2)
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
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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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