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Patna High CourtCR. MISC./77454/2025bail granted

Suman Kumar @ Suman Yadav @ Suman Kumar Yadav v. The State Of Bihar

2025-12-19Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77454 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== Suman Kumar @ Suman Yadav @ Suman Kumar Yadav, aged about 25 years, Male, Son of Chhataharu Yadav @ Chahuttar Yadav, Resident of Village - Kumiyahi, Ward No. -11, P.S.- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balkrishna Mishra, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Triveniganj P.S. Case No. 146 of 2024 instituted for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, three unknown persons on motorcycle, shot the informant behind his left shoulder and looted Rs 19,500/- and thereafter fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that there is no incriminating articles has been recovered from the conscious

Patna High Court CR. MISC. No.77454 of 2025(3) dt.19-12-2025 2/3 possession of the petitioner. He further submits that the name of the petitioner has been surfaced in this case only on the basis of confessional statement of co-accused Bhushan Kumar @ Bhushan Yadav. He next submits that the petitioner was not put in Test Identification Parade till date. Petitioner is in custody since 01.05.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the FIR and impugned order of the learned District and Additional Sessions Judge-IV, Supaul dated 11.08.2025, it appears that petitioner is not named in the FIR and his name surfaced in this case only on the basis of confessional statement of co-accused Bhushan Kumar @ Bhushan Yadav. There is no any recovery from the conscious possession of the petitioner and he is in custody since 01.05.2025. Investigation has already been concluded and chargesheet has been submitted in this case but there is no any Test Identification Parade conducted till date, so considering all these aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.77454 of 2025(3) dt.19-12-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st Class, Supaul in connection with Triveniganj P.S. Case No. 146 of 2024, subject to the condition that the petitioner shall remain physically present before the trial Court on each and every date till conclusion of the trial.

(Ramesh Chand Malviya, J) Anand Kr.

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