Patna High Court

Sukesh Kumar @ Sukesh PaswanversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Sukesh Kumar, a 20‑year‑old resident of Darbhanga, was arrested in connection with an alleged assault, robbery and attempted murder that occurred on 31‑Oct‑2025. The prosecution’s case is based solely on the confessional statement of a co‑accused, with no material evidence recovered from the petitioner and his name not appearing in the FIR. The petitioner contended that he was falsely implicated, highlighted a seven‑day delay in filing the FIR, and emphasized his clean criminal record. The State opposed bail, arguing the seriousness of the offences under Section 309(4) of the Bharatiya Nyaya Sanhita. The court, considering the petitioner’s young age, lack of incriminating evidence, clean antecedent and the delay in the FIR, granted bail on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Sunil Dutta Mishra of the Patna High Court.

Issues considered

Whether bail should be granted to the accused under Section 309(4) of the Bharatiya Nyaya Sanhita in view of the alleged offences and the evidentiary material.
Whether the delay in lodging the FIR and the absence of material evidence against the petitioner justify bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 309(4)

Subjects

bail
Section 309(4)
Bharatiya Nyaya Sanhita
confessional statement
delay in FIR
young accused
clean antecedent
robbery
assault
attempted murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9426 of 2026
                     Arising Out of PS. Case No.-240 Year-2025 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Sukesh Kumar @ Sukesh Paswan S/o Indu Paswan @ Indo Paswan R/o
                 Village - Kachhua, P.S - Jalley, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Jyoti Kumari, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per prosecution case, on 31.10.2025 at about

                   8:30 P.M., the informant, who was working at Mithila Agro

                   Feed and Poultry Farm, along with one Prabhu Sada in

                   motorcycle was going to Poultry Farm, in the meantime, two

                   unknown persons came in front of the motorcycle of the

                   informant and stopped the motorcycle. Upon stopping the

                   motorcycle, the said persons assaulted them and allegedly

                   snatched the motorcycle, mobile phone and attempted to kill the
Patna High Court CR. MISC. No.9426 of 2026(2) dt.17-02-2026
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          informant.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in the

          present case. Further submission is that petitioner is not named

          in the F.I.R.. His name has been transpired on the basis of

          confessional statement of co-accused Sunil Kumar Pandit.

          Nothing incriminating material has been recovered from the

          conscious possession of the petitioner. Except the confessional

          statement of the co-accused, there is no material against the

          petitioner. He next submits that there is an unexplained delay of

          seven days in lodging the FIR, which creates serious doubt over

          the veracity of the prosecution case. Charge-sheet has already

          been submitted. Petitioner is a young boy of 20 years, having no

          criminal antecedent and he is in custody since 18.11.2025.

                       5. Learned A.P.P. appearing on behalf of the State

          opposed the prayer for bail.

                       6. Having considered the aforesaid facts and

          circumstances of the case, submissions of the parties, age of the

          petitioner, clean antecedent 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 learned Chief Judicial
            Patna High Court CR. MISC. No.9426 of 2026(2) dt.17-02-2026
                                                        3/3




                      Magistrate, Darbhanga, in connection with Kamtaul P.S. Case

                      No. 240 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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