Sukesh Kumar @ Sukesh Paswan v. The State Of Bihar
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 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 2/3 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