IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40825 of 2025 Arising Out of PS. Case No.-87 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sumant Yadav @ Sumant Kumar Yadav S/o Late Amarjeet Yadav Resident of Vill- Tirbirwan, P.S.- Thawe, Distt- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Priya Raj, Advocate For the State : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 4 01-08-2025 Heard Ms. Priya Raj, learned counsel for the petitioner and Mr. Dilip Kr. No. 1, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 13.01.2025 in connection with Kuchaikote P.S. Case No. 87 of 2023, F.I.R. dated 20.02.2023 for the offences punishable under Section 399, 402, 412, 34 of the IPC and Section 25(1-b)a, 26 and 35 of the Arms Act. 3. According to prosecution case, the petitioner along with other co-accused persons is said to have involved in preperation for dacoity and some co-accused persons were alleged to be found in possession of knife and firearms. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the Patna High Court CR. MISC. No.40825 of 2025(4) dt.01-08-2025 2/4 present case and the allegation as alleged in the FIR is false and fabricated. He further submits that name of the petitioner has been transpired in the present case on the basis of confessional statement of the co-accused, namely, Sunit Kumar and Irsad Ali and except the confessional statement of the co-accused persons, no other material has come during investigation against the petitioner to suggest his involvement in the present occurrence. It is further submitted that the petitioner was under custody since 13.01.2023 in another case and he has remanded in the present case on 13.01.2025 without any specific allegation against him and the present FIR has been instituted on 20.02.2023 which suggests that on the date of occurrence, the petitioner was in judicial custody. It also appears from the seizure list itself that recovery has been made from the other co- accused persons and apart from that similarly situated, co- accused, namely, Prashant Kumar has been granted privilege of regular bail by a co-ordinate Bench of this Hon'ble Court vide order dated 05.07.2023 passed in Cr. Misc. No. 39084 of 2023. He further submits that the police after investigation has submitted the charge-sheet against the petitioner and the petitioner is in custody since 13.01.2025. 5. The Additional Public Prosecutor for the State has Patna High Court CR. MISC. No.40825 of 2025(4) dt.01-08-2025 3/4 vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one. 6. Considering the aforesaid facts and circumstances, name of the petitioner has been transpired in the present case merely on the basis of the confessional statement of the co- accused and on the date of occurrence, the petitioner was behind the bar in another case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Gopalganj in connection with Kuchaikote P.S. Case No. 87 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall Patna High Court CR. MISC. No.40825 of 2025(4) dt.01-08-2025 4/4 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. priyanka/- (Rajesh Kumar Verma, J) U T