Patna High Court
Sujeet Kumar @ Sujit Kumar @ PriyaranjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions, despite the serious nature of the charges.
Summary
The petitioner, Sujeet Kumar, was arrested in connection with a murder case (Sections 302 and 120B IPC, Section 27 Arms Act) and has been in custody since 23 December 2025. He contended that he has a clean antecedent and that the FIR does not specifically allege his participation, asserting that he was at most a member of the mob. The prosecution, supported by the informant’s counsel, argued that diary entries implicate the petitioner as a participant in the crime. The High Court examined the seriousness of the offences, the petitioner’s lack of prior convictions, and the duration of pre‑trial detention. Considering these factors, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, while allowing verification of antecedents to proceed.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder, criminal conspiracy, and an offence under the Arms Act.
- Whether the petitioner’s clean antecedent and the absence of a specific allegation in the FIR justify the grant of bail.
- Whether the period of pre‑trial custody and the stage of investigation affect the bail decision.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 120B, 302
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- clean antecedent
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24531 of 2026
Arising Out of PS. Case No.-153 Year-2022 Thana- CHIRAIYA District- East Champaran
======================================================
Sujeet Kumar @ Sujit Kumar @ Priyaranjan S/O Harif Sahani R/O Village-
Lalbegiya Nayka Tola, P.S- Chiraiya, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
For the Informant : Mr. Bijendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner, Mr. Bijendra Kumar, learned counsel for the
informant and Mr. Ajay Kumar Jha, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.12.2025 in connection with Chiraiya P.S. Case No. 153 of
2022, F.I.R. dated 25.03.2022 for the offences punishable under
Sections 302 and 120B of the IPC and Section 27 of the Arms
Act.
3. According to prosecution case, all the accused
persons including this petitioner committed murder of
informant's brother due to previous enmity.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24531 of 2026(2) dt.22-04-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the petitioner is named
in the FIR but from perusal of the FIR it appears that there is no
specific allegation against the petitioner and at best the
petitioner may be the member of the mob. He further submits
that the police after investigation submitted the charge sheet
against the petitioner. The petitioner is in custody since
23.12.2025.
5. The learned counsel for the informant as well as
learned Additional Public Prosecutor have vehemently opposed
the prayer for bail of the petitioner and submits that it has come
during investigation in paragraph nos. 10, 11 and 20 of the case
diary that the petitioner along with co-accused persons have
participated in the present crime in question.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is no specific
allegation against the petitioner and period of custody, 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 4 th ACJM,
Motihari, East Champaran in connection with Chiraiya P.S.
Case No. 153 of 2022, subject to the following conditions:-
Patna High Court CR. MISC. No.24531 of 2026(2) dt.22-04-2026
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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)
Vanisha/-
U T
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