Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sumit Kumar, was arrested in connection with a murder case (Dumra P.S. Case No. 409 of 2024) alleging he tortured and killed his wife. He had been in custody since 23 October 2024 and the trial had not progressed to examination of any witness after charge framing. The petitioner’s counsel argued that the prolonged detention and delay in trial warranted bail under Sections 80 and 3(5) of the BNS. The High Court noted the extended period of custody and lack of trial progress, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to compliance with conditions. The order was limited to the bail application and did not prejudice the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the accused under Sections 80 and 3(5) of the BNS given the prolonged custody and delay in trial
Legislation cited
- BNS — s. 3(5), 80
Subjects
- bail
- criminal procedure
- delay in trial
- prolonged custody
- Section 80
- Section 3(5)
- Bihar
- murder
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20989 of 2026
Arising Out of PS. Case No.-409 Year-2024 Thana- DUMRA District- Sitamarhi
======================================================
Sumit Kumar S/o- Daya Shankar Mandal Resident of Village- Lagma,P.S.
-Dumra, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dumra P.S. Case No. 409 of 2024 registered for the offence
under Sections 80 and 3(5) of the BNS.
3. As per the prosecution case, the petitioner is the
husband of the deceased and he is said to have tortured and
killed his wife.
4. The petitioner is in custody since 23.10.2024.
Learned counsel for the petitioner submits that the
petitioner is facing trial but after framing of charge, no witness
has been examined in this case.
5. Considering the period of custody of the
petitioner and the delay in the trail, this application is allowed.
Patna High Court CR. MISC. No.20989 of 2026(2) dt.30-04-2026
2/2
6. 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 concerned Court below in connection with Dumra
P.S. Case No. 409 of 2024.
7. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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