Suresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24395 of 2026 Arising Out of PS. Case No.-744 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Suresh Kumar, Son of Rudal Singh, R/o Village-Taleem Bishunpur, P.S.- Nautan, District- Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with S. Tr. No.248 of 2025 arising out of Gopalganj P.S. Case No.744 of 2024 registered for the offences punishable under Sections 118(2), 109, 118(1), 61(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as Sections 25(1-B) (a), 26, 35 and 27 of the Arms Act.
3. The accused/petitioner is named in the FIR and is in custody since 19.10.2024.
4. As per FIR, the petitioner was alleged to open
2/4 firing on one Vishal Singh, who was in judicial custody and came to attend the court proceeding on the date of occurrence i.e. on 18.10.2024. The alleged occurrence took place within court campus of Gopalganj.
5. It is submitted by learned counsel appearing for the petitioner that as petitioner was apprehended with one country-made pistol, he was arrested with present crime in question on the basis of confessional statement, what was recorded in police custody. It is submitted that even as per confession, no injury was made to Vishal Singh, who was the target person as per case of the prosecution. It is submitted that the firing made by another co-accused persons hit to one unknown person. It is pointed out that no statement of Vishal Singh and other persons were recorded during the course of investigation and merely on the basis of suspicion and confessional statement, the petitioner was implicated with present crime in question, who is otherwise a student of B. Tech. and a man of clean antecedent. While concluding argument, it is submitted that, till now, no prosecution witness was examined in this case after framing of charge
3/4 and, as such, the trial of this case is not likely to conclude in near future. Lastly, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact, as the implication of this petitioner prima facie appears on the basis of his self-confession, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 19.10.2024 and also the trial of this case is not likely to conclude in near future, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Gopalganj in connection with Gopalganj P.S. Case No.744 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of
4/4 Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T