Suraj Kumar @ Sethwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90182 of 2025 Arising Out of PS. Case No.-380 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Suraj Kumar @ Sethwa S/o Kailash Thakur R/o vill - Chaklokman Gudari Road, P.S.- Dalsingsarai, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-01-2026 Heard the parties.

2. Petitioner seeks regular bail in connection with Dalsingsarai P.S. Case No. 380 of 2024 registered for the offences punishable under Sections 109, 309(6) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. The main submissions advanced by the petitioner's counsel are that, as per the prosecution case, three unknown miscreants riding on an Apache motorcycle fired upon the informant's brother-in-law, Chandan Kumar, causing a gunshot injury to his stomach, and thereafter snatched his laptop. However, the petitioner is not named in the FIR, and his name transpired merely on the basis of the confessional statement of the coaccused, Manish Kumar, recorded in another case, who has been granted bail by a learned co-ordinate Bench of this Court vide order dated 13.08.2025 passed in Cr. Misc. No. 39604 of 2025. It is lastly submitted that the petitioner has been languishing in jail

Patna High Court CR. MISC. No.90182 of 2025(2) dt.13-01-2026 2/2 since 10.01.2025 and against him, the investigation has been completed.

4. Though the learned APP for the State has opposed the prayer for bail of the petitioner, he fairly accepts that, except the confessional statement of the co-accused Manish Kumar, nothing has been found against the petitioner.

5. Considering the above submissions, the averments made in this application, and mainly the petitioner's plea that, except the confessional statement made by the co-accused Manish Kumar, who has already been granted bail by a co-ordinate Bench of this Court, there is no other material against the petitioner and this fact is also accepted by the learned APP, coupled with the petitioner's period of custody, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Dalsingsarai P.S. Case No. 380 of 2024.

(Shailendra Singh, J) maynaz/- U T