Raja Kumar @ Sourav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44216 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== Raja Kumar @ Sourav Kumar S/O Rajiv Kumar @ Rajiv Sah R/o VillageSimraha, Ward no. 07, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2025 Heard Mr. Pawan Kumar, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.
2. Petitioner seeks regular bail in connection with Madhepura P.S. Case No. 152/ 2025 dated 03.02.2025 registered for the offence(s) punishable under Section 304(2) of the BNS.
3. The main submissions advanced by the petitioner's counsel are that the petitioner has been languishing in jail since 20.03.2025, though, against him there is criminal antecedent of one case but he is on bail in the said case, the instant matter relates to loot committed against the informant, involving a sum of Rs. 33,150/- and his mobile phone and as per the allegation, three accused persons, who had covered their faces, committed the occurrence of loot, so, in such a situation, there must be some other incriminating evidence to show the petitioner's
Patna High Court CR. MISC. No.44216 of 2025(2) dt.25-07-2025 2/3 involvement but the petitioner has been chargesheeted mainly on the basis of his own confessional statement, which is said to have recorded by him before the police, but the same has no evidentiary value. It is lastly submitted that against the petitioner investigation has been completed and two other coaccused persons, Md. Javed and Md. Miraj, carrying similar nature of allegation, have been granted bail by a co-ordinate bench of this court vide order dated 26.05.2025 passed in Cr. Misc. No. 33331 of 2025.
4. The learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly the facts that petitioner has been chargesheeted on the basis of his confessional statement recorded by him before the police, as appears from the trial court's order, and the learned APP has not pointed out any other material against the petitioner except his confessional statement and also coupled with the relief of bail having been granted to two co-accused persons, I am inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Madhepura P.S. Case No. 152/ 2025 on furnishing bail bond of Rs. 20,000/-(Rupees
Patna High Court CR. MISC. No.44216 of 2025(2) dt.25-07-2025 3/3 Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) BKS/- U T