Patna High Court
Subodh Kumar @ Subodh RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant bail and dismissed the petitioner's application.
Summary
Subodh Kumar, accused of murder under Sections 103(1), 303(2), 61(2), 3(5) of the BNS and Section 27 of the Arms Act, applied for regular bail. The prosecution alleges he participated in the killing of a deceased over an 18‑kattha land dispute, while the petitioner contends there is no direct evidence linking him and that co‑accused statements do not implicate him. The court noted that the petitioner had been in custody since 4‑December‑2025 and was described as an absconder, and found the prosecution’s claim of his active role credible. Consequently, the court was not inclined to grant bail. The bail application was dismissed, with the court clarifying that its observations are limited to the bail issue and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of the offences and the evidence.
- Whether the lack of direct incriminating statements against the petitioner suffices for bail.
- Whether the petitioner’s status as an absconder affects bail eligibility.
Legislation cited
- Arms Act — s. 27
Subjects
- regular bail
- murder
- land dispute
- Arms Act
- absconder
- evidence
- co‑accused statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24850 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- MANER District- Patna
======================================================
Subodh Kumar @ Subodh Ray Son of Late Sajivan Roy @ Sajiva Roy R/o
Vill. - Nakta Diyara, P.S. - Digha, Present- Daudpur, P.S.- Shahpur, Dist. -
Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Sharan
For the Opposite Party/s : Mr.Vinod Shanker Modi
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection
with Maner P.S. Case No. 68 of 2025 registered for the offence
under Sections 103(1), 303(2), 61(2), 3(5) of the BNS and under
Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and
others are accused of killing the deceased.
4. The petitioner is in custody since 4.12.2025 and
it has come during investigation that for a dispute over 18
katthas of land, the deceased was call by the petitioner and
others for a party and thereafter all the accused persons
conspired and killed the deceased.
Patna High Court CR. MISC. No.24850 of 2026(2) dt.01-05-2026
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5. Learned counsel for the petitioner submits that
except for suspicion and self-inculpatory statement of co-
accused, nothing has come against the petitioner to connect him
with the alleged crime. He further submits that even in the self-
inculpatory statement, it has not been said by the co-accused
that the petitioner has shot at the deceased.
6. Learned counsel for the State has vehemently
opposed the application of the petitioner.
7. I have heard and considered the submission of
the parties.
8. The case is of the year 2022 and the petitioner
has surrendered/under arrest from 4.12.2025 which shows that
the petitioner is an absconder. Moreover, during investigation, it
has come that the petitioner has played an active role in the
killing of the deceased and the statement of the co-accused that
the petitioner is not the assailant of the deceased will be of no
help of the petitioner.
9. In view of the aforesaid discussions, this Court
is not inclined to grant bail to the petitioner.
10. Accordingly, this application is dismissed.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
Patna High Court CR. MISC. No.24850 of 2026(2) dt.01-05-2026
3/3
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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