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Patna High Court

Sumit Kumar @ PillaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Sumit Kumar, was arrested in connection with a land‑dispute incident where he and co‑accused allegedly assaulted an informant, threatened him with a pistol, stole Rs.10,000 and fired at him. The petitioner claimed he was falsely implicated and that there was no intention to cause death. The prosecution opposed bail, citing the seriousness of the offences under multiple sections of the Bihar Non‑Applicable (BNS) Act and the Arms Act. The court considered the background of the land dispute, the charge sheet, the petitioner’s custody period since October 2025, and his existing bail in three other cases. Finding no compelling reason to deny bail, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNS and other procedural requirements.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offences alleged under the BNS and Arms Act.
  • Whether the petitioner’s antecedent cases and the seriousness of the alleged assault and robbery preclude bail.
  • Whether the conditions prescribed under Section 480(3) of the BNS are satisfied for granting bail.

Legislation cited

Subjects

  • bail
  • land dispute
  • assault
  • robbery
  • Arms Act
  • Section 480(3) BNS
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6059 of 2026
                     Arising Out of PS. Case No.-125 Year-2025 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Sumit Kumar @ Pilla Son of Tanik Singh Resident of Khuthadih, P.S. -
                 Barahiya, Dist. - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mrs. Archana Sinha, Sr. Adv.
                                                  Mr. Shubham Shankar, Adv.
                 For the Opposite Party/s:        Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Barahiya P.S. Case No. 125 of 2025, registered

                   for the offences under Sections 126(2), 115, 109(1), 303(2), 352,

                   351(2), 3(5) of the BNS and Section 27 of the Arms Act.

                                 3. As per the prosecution case, petitioner and another

                   co-accused persons came to the land of the informant which was

                   being cultivated by him and started hurling abuses. The

                   petitioner threatened the informant putting a pistol on his head

                   and thereafter all of them thrashed the informant. The petitioner

                   hit him on the head with butt of the pistol causing injuries and

                   they also took away Rs.10,000/- from the informant. When the
Patna High Court CR. MISC. No.6059 of 2026(2) dt.04-02-2026
                                            2/3




          informant tried to flee away from there, the petitioner and co-

          accused fired upon him but the shot missed the informant. The

          assailants threatened the driver of the tractor who was ploughing

          the land of the informant.

                       4. Learned senior counsel appearing on behalf of the

          petitioner submits that the petitioner has been falsely implicated

          and no offence in the manner as alleged has ever taken place.

          From the FIR, land dispute is admitted. General and omnibus

          allegation of assault has been levelled against four named and

          five unknown persons. Though there is specific allegation of

          assault against this petitioner for hitting on the head of the

          informant but there was no intention to cause death and this fact

          is apparent from the written report itself. Petitioner is in custody

          since 05.10.2025 and charge sheet has been submitted.

          Petitioner is having antecedent of three cases and he is on bail in

          all these three cases.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          background of land dispute and submission of charge sheet

          against the petitioner and also considering his period of custody,
             Patna High Court CR. MISC. No.6059 of 2026(2) dt.04-02-2026
                                                         3/3




                       the petitioner is directed to be released on bail, on furnishing

                       bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each

                       with two sureties of the like amount each to the satisfaction of

                       learned CJM, Lakhisarai/concerned court, in connection with

                       Barahiya P.S. Case No. 125 of 2025, subject to the condition

                       laid down under Section 480(3) of the BNSS 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)
Anuradha/-

U      T


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