Patna High Court
Jayant Kumar Suman @ Jay Jay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 292, 351(2), 352, 54
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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