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Patna High Court

Sujeet Kumar @ Sujit Kumar @ PriyaranjanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                   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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