Suman Mahto @ Suman Kumar @ Suman Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47764 of 2025 Arising Out of PS. Case No.-323 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Suman Mahto @ Suman Kumar @ Suman Saurabh S/o Jageshwar Mahto @ Jageshwar Prasad R/o vill- Khadiyahi, P.s. - Bibhutipur, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mirityunjay Kumar, Advocate Ms. Pampy Kumari, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Rosera P.S. Case No. 323 of 2024, registered for the offences under Section 309(4) of the BNS.

3. As per the prosecution case, three miscreants on a motorcycle at gunpoint snatched Rs.80,000/- from the informant and also snatched his bag containing laptop, mantra machine, bank cheque, Aadhaar card, keys of the shop and mobile charger. The occurrence took place when the informant has been proceeding towards his CSP after withdrawing money from the ATM of Union Bank of India. The name of the petitioner transpired during investigation for being involved in the

Patna High Court CR. MISC. No.47764 of 2025(3) dt.15-10-2025 2/3 robbery.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case on the basis of confessional statement of co-accused Arvind Kumar Sahni. Save and except this confessional statement of co-accused, there is no material against the petitioner to show his complicity in the alleged occurrence. No Test Identification Parade has been conducted to ascertain the identity of the robbers. Nothing incriminating has been recovered from person or possession of this petitioner. The petitioner has been remanded in the present case on 20.02.2025 from Rosera P.S. Case No. 24 of 2025 after confession of coaccused was recorded. The petitioner is having antecedent of altogether 12 cases. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from person or possession of the petitioner, submission of charge sheet and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.47764 of 2025(3) dt.15-10-2025 3/3 Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rosera, Samastipur/concerned court, in connection with Rosera P.S. Case No. 323 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T