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Patna High Court

Sujit Kumar @ Sujit PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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