Durgesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19549 of 2026 Arising Out of PS. Case No.-105 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Durgesh Kumar Son of Sunil Chaudhari @ Sunil Chaudhary Resident of Village- Ward No. 03, Bhadeya, P.S.- Mohiuddin Nagar, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 309(4) and 392 of the B.N.S.
3. The prayer for bail has been renewed on the ground that earlier vide order dated 11.02.2026 passed in Cr. Misc. No.74044 of 2025 (Annexure-P/1), the application for bail had been withdrawn with liberty to renew the same after framing of charge. Learned counsel for the petitioner has submitted that the charges have been framed on 13.02.2026, as such, he had renewed the prayer for bail.
4. It has been submitted that the First Information Report had been lodged against unknown persons with regard
Patna High Court CR. MISC. No.19549 of 2026(4) dt.01-05-2026 2/3 to committing robbery in the Bank. FIR itself discloses that the miscreants had their identity concealed as they were wearing helmets and mask. It is, thus, submitted that the identification of the petitioner remains doubtful. The name of the petitioner has transpired during the course of investigation in the confessional statement of co-accused Babi Kumar before the police and the petitioner was then remanded in the present case from another case. The petitioner is in custody since 22.07.2025.
5. Learned APP for the State opposed the grant of bail on the ground that the petitioner has also criminal antecedents. However, it has been submitted that in two of the cases, the petitioner has already been granted bail and no substantial material has been gathered against him during the course of investigation barring confessional statement.
6. Taking into consideration the facts and circumstances and considering the fact that the implication of the petitioner is based on confessional statement of co-accused before police, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Vaishali at
Patna High Court CR. MISC. No.19549 of 2026(4) dt.01-05-2026 3/3 Hajipur/concerned Court below in connection with Jandaha P.S. Case No. 105 of 2025 subject to condition that:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister. (ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (Soni Shrivastava, J) anand/- U T