Patna High Court
Bholu Kumar @ Sushant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioners are entitled to regular bail and allowed the bail application.
Summary
The petitioners, Bholu Kumar and Kanhaiya Kumar, were arrested in connection with Mahindwara P.S. Case No. 141/2025 for alleged offences under Sections 309(b), 109(1) and 3(5) of the B.N.S., wherein three armed men reportedly robbed an informant and fired at him. The petitioners contended that they were falsely implicated due to a personal dispute over jewellery, asserted a clean antecedent, and had been in custody since 5 September 2025, offering to cooperate with the trial. The State’s Additional Public Prosecutor and the informant jointly opposed the grant of regular bail. After hearing the parties, the Court considered the facts, the nature of the allegations, and the petitioners’ conduct. The Court allowed the application for regular bail, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioners are entitled to regular bail despite the seriousness of the offences and opposition from the prosecution and the informant.
Legislation cited
- B.N.S. — s. 109(1), 309(b), 3(5)
Subjects
- bail
- regular bail
- false implication
- Criminal Procedure Code
- B.N.S.
- Sections 309(b), 109(1), 3(5)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2453 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- MAHINDWARA District- Sitamarhi
======================================================
Bholu Kumar @ Sushant Singh S/o Sanjiv Singh @ Sanjiv Kumar Singh R/o
village - Basudeo, P.S - Mahindwara (Runni Saidpur), District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3106 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- MAHINDWARA District- Sitamarhi
======================================================
Kanhaiya Kumar @ Kanhaiya Kumar Singh S/O Jaishankar Singh R/O
Village- Basudeo, P.S- Mahindwara, Distt.- Sitamarhi (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2453 of 2026)
For the Petitioner/s : Mr.N.K.Aggarwal, Sr. Advocate
Mr.Uday Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
(In CRIMINAL MISCELLANEOUS No. 3106 of 2026)
For the Petitioner/s : Mr.N.K.Aggarwal, Sr. Advocate
Mr.Uday Kumar, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 09-04-2026 Heard learned Senior Counsel for the petitioners,
learned counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioners seek bail in connection with
Mahindwara P.S. Case No. 141/2025 registered for the offences
punishable under Sections 309 (b), 109 (1) & 3(5) of the B.N.S.
3. As per the prosecution case, three armed persons
robbed the informant of his motorcycle, jewellery and mobile
Patna High Court CR. MISC. No.2453 of 2026(5) dt.09-04-2026
2/2
phone and fired upon him.
4. Learned counsel for the petitioner submits that
petitioner and informant are from the same village and there is a
dispute with regard to the jewellery and therefore, the petitioner
has been falsely implicated in the present case. Learned counsel
further submits that petitioner has clean antecedent and he is in
custody since 05.09.2025. The petitioner undertakes to co-operate
in the case/ trial.
5. Learned APP for the State as well as learned counsel
for the informant have jointly opposed the prayer for regular bail
of the petitioner.
6. Considering the facts and circumstances of the case,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1 st Class,
Sitamarhi /concerned Court below in connection with Mahindwara
P.S. Case No. 141/2025.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.