Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond, sureties and specific conditions.
Summary
Sujeet Kumar was arrested on 10-12-2024 in connection with a 2022 FIR alleging offences under several sections of the Indian Penal Code and the Arms Act. His earlier bail application was rejected in June 2025 with a direction to apply after charge framing. The charge sheet was filed, charges were framed, and no prosecution witnesses had been examined by the trial court. The prosecution opposed bail, citing twelve prior criminal antecedents, while the petitioner claimed innocence and that he was already on bail in eleven other cases. The Patna High Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates without sufficient reason.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents
- Whether the petitioner’s right to bail is justified after charge framing and the absence of witness examination
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 323, 341, 506
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- prior criminal antecedents
- charge framing
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1832 of 2026
Arising Out of PS. Case No.-413 Year-2022 Thana- MINAPUR District- Muzaffarpur
======================================================
Sujeet Kumar S/O Late Deep Narayan Prasad R/O Village- Kharhar, P.S-
Minapur (Now Rampur Hari), Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 03-04-2026 Heard Mr. Nachiketa Jha, learned counsel for the
petitioner as well as Ms. Nirmala Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.12.2024 in connection with Minapur (Meenapur) P.S. Case
No. 413 of 2022, F.I.R. dated 17.08.2022 for the offences
punishable under Sections 147, 148, 149, 341, 323, 506, 302,
120 B of the Indian Penal Code and Section 27 of Arms Act.
3. Earlier the bail application of the petitioner was
rejected by this Court vide order dated 20.06.2025 in Cr. Misc.
No. 25858 of 2025 with a direction to the petitioner to move
before appropriate forum after framing of charges.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that name of the petitioner has
Patna High Court CR. MISC. No.1832 of 2026(4) dt.03-04-2026
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been transpired on the basis of confessional statement of
apprehended co-accused person that the petitioner fired upon the
victim and similarly situated co-accused person, namely, Pappu
Prasad @ Panchu Kumar been granted the privilege of bail by
this Court vide order dated 20.06.2023 in Cr. Misc. No. 4587 of
2023. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 10.12.2024.
5. Vide order dated 16.01.2026 a report was called
with regard to stage of the trial. Report of the learned Trial
Court dated 31.01.2026 reveals that charge has been framed
against the petitioner and till date no witness has been examined
by the prosecution.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries twelve criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in eleven cases.
7. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.1832 of 2026(4) dt.03-04-2026
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the like amount each to the satisfaction of the learned A.D.J-10,
Muzaffarpur in connection with Minapur (Meenapur) P.S. Case
No. 413 of 2022, 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
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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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