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Patna High Court

Jayant Kumar Suman @ Jay Jay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail, subject to bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Jayant Kumar Suman, was implicated in a violent incident involving firing between two groups in his village, leading to charges under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act. He contended that he was innocent, that no one was injured, no cartridges were recovered, and that the case was a product of local political vendetta, with only a prior unrelated criminal record against him. The State opposed his bail application, arguing the seriousness of the offences. The court examined the lack of material evidence, the petitioner’s willingness to cooperate, and the principle of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Considering these factors, the court ordered the petitioner’s release on bail upon surrender, subject to a bond and sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the evidence on record justifies continued detention

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • section 482
  • village politics
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25882 of 2026
                    Arising Out of PS. Case No.-54 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Jayant Kumar Suman @ Jay Jay Kumar S/o Ravindra Ray Resident of
                 village- Bhograjpur Telgama, P.s.- Mohanpur, District- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar Roy, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   17-06-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   109, 292, 54, 352, 351(2) of the Bharatiya Nyaya Sanhita and

                   Section 27 of the Arms Act.

                                   3. As per the prosecution case, police received

                   information about firing between two groups in Bhograjpur

                   Telgama village. With the help of video clips and the statements

                   of villagers, it was found that Sahil Kumar was assaulted by

                   Mithlesh Rai and his son Ravi Prakash Kumar and in retaliation,

                   Sahil Kumar along with his associates in which, this petitioner

                   is also one of the members, made firing. In response, Mithlesh

                   Rai and his associates also made firing from rooftops.
Patna High Court CR. MISC. No.25882 of 2026(3) dt.17-06-2026
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          Accordingly, the present case has been registered.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and has committed

          no offence. Further submission is that no person is injured in the

          alleged occurrence. No cartridge has been recovered by the

          police from the place of occurrence. It is next submitted that

          petitioner has falsely been implicated in the present case due to

          dirty village politics. Except the suspicion, there is nothing

          material against the petitioner. Petitioner has got one criminal

          antecedent which is not of the similar nature. Petitioner

          undertakes to cooperate in the investigation and trial.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                        6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties and

          nature of allegation, let the above named petitioner be released

          on bail, in the event of arrest or surrender before the learned

          court below within a period of six weeks from today, on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Additional Chief Judicial Magistrate, Shahpur Patori,

          Samastipur in connection with Mohanpur P.S. Case No. 54 of
           Patna High Court CR. MISC. No.25882 of 2026(3) dt.17-06-2026
                                                       3/3




                     2025, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                             (Sunil Dutta Mishra, J)
utkarsh/-koustav

U      T


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