Patna High Court
Sujit Kumar @ Sujit PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sujit Kumar, was arrested in connection with a case under sections 329(3), 308(4), 304(4), 109 and 3(5) of the Bhartiya Nyay Sanhita, 2023, where the FIR alleged that he supplied a pistol to co‑accused Dharmendra Kumar, leading to a shooting that injured the informant. The petitioner contended that he was falsely implicated, that the actual firing was done by Dharmendra Kumar, and highlighted his serious acute liver illness and lack of prior criminal record. The prosecution’s case was examined, and the court noted that the charge sheet had been filed and the petitioner had already been in custody for seven months. Considering the allegations against the co‑accused, the petitioner’s health condition, and the length of detention, the court ordered that regular bail be granted on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bhartiya Nyay Sanhita, 2023.
- Whether the allegation that the co‑accused, not the petitioner, fired the weapon negates the need for continued detention.
- Whether the petitioner’s serious health condition and prolonged pre‑trial custody justify bail.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 109, 304(4), 308(4), 329(3), 3(5)
Subjects
- bail
- criminal procedure
- false implication
- health grounds
- co‑accused
- Bhartiya Nyay Sanhita
- sections 329
- section 308
- section 304
- section 109
- section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10063 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Sujit Kumar @ Sujit Paswan Son of Umesh Paswan Resident of Village -Sona
Gopalpur, PS -Gopalpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhu Prasun, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaurichak P.S. Case no.
465 of 2025 registered under sections 329(3), 308(4), 304(4),
109 and 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that over a dispute relating to money transaction, the petitioner
provided a pistol to co-accused Dharmendra Kumar. The
informant states that seeing the pistol, he started to flee away
when three shots were fired on him of which one hit his leg.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Accepting the
allegations levelled in the FIR, the allegation of resorting to
firing is on the co-accused Dharmendra Kumar and not the
Patna High Court CR. MISC. No.10063 of 2026(2) dt.25-02-2026
2/2
petitioner herein. In fact, the petitioner is seriously ill and his
treatment is going on even in custody for acute liver problems
which would also be evident from the order of the learned trial
Court. The petitioner is in custody since 15.7.2025 and has no
criminal antecedent. Charge sheet has been submitted in the
case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
allegation of firing being on co-accused Dharmendra Kumar, the
petitioner having remained in custody for 7 months ie 15.7.2025
and charge sheet having been submitted in the case, the Court
directs the petitioner to be enlarged on bail in connection with
Gaurichak P.S. Case no. 465 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned ACJM-II, Patna City,
Patna.
(Partha Sarthy, J)
Bibhash/-
U
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