Patna High Court
Sumit Kumar @ Bharat @ BharathversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Sumit Kumar, was arrested in connection with a murder case (PS Case No. 924 of 2025) under Sections 103(1) and 238 read with 3(5) of the B.N.S., 2023, after the brother of an informant was stabbed to death. The prosecution alleged the petitioner’s involvement, but the defence argued that there was no eyewitness, no material linking the petitioner to the crime, and that the confessional statements of co‑accused indicated that Sudhir Pandey was the actual assailant. The petitioner had been in custody since 20 September 2025 and a chargesheet had been filed. The State opposed bail, while the petitioner’s counsel highlighted the vague allegations and lack of evidence. Considering the weak evidential basis, the length of custody, and the chargesheet, the Court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner given the vague allegations and lack of material evidence linking him to the murder
- Whether the conditions imposed under Section 480(3) of the B.N.S.S. are appropriate
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 3(5)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- murder
- false implication
- Section 103
- Section 238
- Section 3(5)
- Section 480(3)
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4213 of 2026
Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Sumit Kumar @ Bharat @ Bharath S/o Gokhul Ram, R/o Hardiya, Ward No
20, P.S.- Shikarpur, Distt- West Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Shikarpur P.S. Case No. 924 of 2025 dated
19.09.2025, registered for the offences punishable under
Sections 103(1) and 238 read with Section 3(5) of the B.N.S.,
2023.
3. As per the prosecution case, the brother of the
informant was stabbed to death and on enquiry, the informant
came to know about the petitioner and other co-accused persons
who were involved in killing of his brother.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. There is no material to show the complicity of
Patna High Court CR. MISC. No.4213 of 2026(2) dt.28-01-2026
2/3
the petitioner in killing of the brother of the informant. There is
no eyewitness to the whole occurrence. Neither the petitioner
nor anybody else has seen the alleged occurrence. There is no
allegation that the deceased was seen in the company of the
petitioner. During the investigation the police recorded the
confessional statements of the co-accused, namely Chhotu
Dubey and Sudhir Pandey and from their confessional
statements, it transpires that some altercation took place
between the deceased and Sudhir Pandey as they started using
wrong words for wives of each other and from this altercation, a
scuffle broke out and Sudhir Pandey stabbed the brother of the
informant. Learned counsel next submits that petitioner is
having antecedent of one case in which he is on bail. Learned
counsel lastly submits that petitioner is in custody since
20.09.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague nature of allegation and also the lack of material to show
the involvement of the petitioner in the alleged occurrence and
further considering the period of custody of the petitioner and
Patna High Court CR. MISC. No.4213 of 2026(2) dt.28-01-2026
3/3
the submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-VI, Bettiah, West Champaran /
concerned Court, in connection with Shikarpur P.S. Case No.
924 of 2025, subject to the condition laid down under Section
480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…