Suman Kumar @ Suman Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3838 of 2026 Arising Out of PS. Case No.-375 Year-2024 Thana- RAJAON District- Banka ====================================================== Suman Kumar @ Suman Chaudhary S/O Rambadan Choudhary R/O VillageMirzapur, P.S- Barahat, Distt.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr.Ranjan Kumar Jha, learned counsel for the petitioner and Mr.Bharat Bhushan, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 16.05.2025 in connection with Rajoun P.S. Case No. 375 of 2024, F.I.R. dated 06.08.2024 registered for the offence punishable under Sections 309(4) of BNS but chargesheet has been submitted under Section 27 of the Arms Act.
3. The FIR of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Abhishek
Patna High Court CR. MISC. No.3838 of 2026(2) dt.27-01-2026 2/3 Kumar, nothing has been recovered from conscious possession of the petitioner, till date no TIP has been conducted by the prosecution. The police, after investigaiton, submitted the chargesheet against the petitioner and the petitioner is in custody since 16.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person and till date no TIP has been conducted by the prosecution, 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 learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 375 of 2024, with the 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
Patna High Court CR. MISC. No.3838 of 2026(2) dt.27-01-2026 3/3 on his/her absence on two consecutive dates without sufficient 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) Nitesh/- U T