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Patna High Court

Sumit Kumar @ Bharat @ BharathversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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