Patna High Court
Sumit Kumar @ PillaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 27
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
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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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