Sudhanshu Kumar @ Bikki @ Rakesh @ Sudhanshu Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1434 of 2026 Arising Out of PS. Case No.-155 Year-2022 Thana- BANGARA District- Samastipur ====================================================== Sudhanshu Kumar @ Bikki @ Rakesh @ Sudhanshu Kumar Ray S/oMahesh Prasad Resident of vill- Vasudevpur PS- Kalyanpur DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate :
Ms. Rani Shashi Bharti, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail who is in custody since 06.02.2024 in connection with NH Bangra P.S. Case No. 155 of 2022 for the offences punishable under Sections 394 of IPC and Section 27 of Arms Act.
3. The case of the prosecution, in brief, is that one Ravi Shankar Kumar gave his fardbayan before the police on 06.12.2022 with regard to incident dated 15.12.2022 that informant with his motorcycle bearing registration no-BR 33AV4909 was going to his house and when he reached near Jeevan Sahara Hospital, in the meantime, three persons with FZ motorcycle were found standing who forced the informant to
2/4 stop and thereafter they snatched ignition key and took away his motorcycle on point of pistol. It is further alleged that on protest one of the accused people shot fire on leg of the informant. It is further alleged that nearby people gathered to the P.O. and they brought the informant at Jeevan Sahara Hospital after that his family members came who brought the injured at Deep Hospital, Patna for better treatment where treatment is going on.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and name of the petitioner has transpired during the course of investigation on the basis of the fact that petitioner was initially arrested in connection with Musrigharari P.S. Case No. 53 of 2023, thereafter he was remanded in the present case and he has confessed that he was involved in the present crime in question. Learned counsel for the petitioner submits that except the confessional statement of the petitioner, no cogent material has come to suggest the involvement of petitioner in the present occurrence and nothing has been recovered from the conscious possession of the petitioner or from the house of the petitioner and till date no TIP has been conducted of the prosecution. It is next submitted that police after investigation has submitted charge-sheet and petitioner is in custody since 06.02.2024.
3/4
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of seventeen cases other than the present case but fairly submits that out of seventeen cases the petitioner is on bail in eight cases and also stated that petitioner has been made accused in the cases which have been mentioned in paragraph-3 of the bail petition on the basis of confessional statement of co-accused person.
6. Considering the aforesaid facts and circumstances and the fact that petitioner is not named in the FIR and name of the petitioner has transpired during the course of investigation and till date no TIP has been conducted of the prosecution and also considering the period of custody, 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 Judicial Magistrate First Class, Samastipur in connection with NH Bangra P.S. Case No. 155 of 2022, subject to 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
4/4 on his absence on two consecutive dates without sufficient reason, his 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) Gaurav Sinha/- U T