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Patna High Court

Sumit Kumar @ BiganversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the seriousness of the offences, recovery of stolen property, and the petitioner’s criminal antecedents preclude the grant of bail.

Summary

The petitioner, Sumit Kumar, applied for regular bail in a case registered under Sections 395 and 412 of the Indian Penal Code for a dacoity in which loot worth Rs. 10,00,000 and other valuables were taken. The prosecution alleged that loot was recovered from the petitioner's house and his name appeared in a co‑accused's confessional statement, while also highlighting three prior criminal antecedents. The petitioner argued that no material had been recovered from him and that he had been in custody since January 2024. The Court examined the seriousness of the offences, the recovery of stolen articles, the incriminating statements, and the petitioner’s criminal history. Concluding that the circumstances did not warrant bail, the Court upheld its earlier order and rejected the bail application.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving dacoity and robbery under Sections 395 and 412 IPC.
  • Whether the presence of the petitioner’s name in a co‑accused’s confessional statement and recovery of stolen articles from his premises preclude bail.
  • Whether the petitioner’s prior criminal antecedents affect the bail decision.

Legislation cited

Subjects

  • bail
  • dacoity
  • robbery
  • IPC
  • criminal antecedents
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62439 of 2025
                      Arising Out of PS. Case No.-455 Year-2023 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Sumit Kumar @ Bigan S/O Arun Bhagat R/O Vill.- Simri, P.s.-
                 Vidyapatinagar, District- Samstipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sabal Kumar Jha
                 For the Opposite Party/s :        Mr. Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   26-02-2026                   Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Bahera P.S. Case No.

                   455 of 2023, registered for the offence under Sections 395 and

                   412 of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 28.08.2024 in Cr. Misc. No. 58737 of 2024 which

                   reads as follows:-

                                                         “Heard the learned counsel for
                                              the petitioner and learned APP for the State.
                                                         2. The petitioner seeks regular bail
                                              in connection with Bahera P.S. Case No. 455
                                              of 2023 registered for the offence under
                                              Section 395 of the Indian Penal Code.
                                                         3. As per the prosecution case, in
                                              the shop of the informant, dacoity was
            Patna High Court CR. MISC. No.62439 of 2025(4) dt.26-02-2026
                                                        2/2




                                              committed. Criminals looted Rs. 25,000/-
                                              and thereafter they also took away
                                              ornaments, domestic utensils, laptop worth
                                              Rs. 10,00,000/- and mobiles.
                                                          4. Learned counsel for the
                                              petitioner submits that there is no recovery
                                              from the possession of the petitioner and is
                                              in custody since 01.01.2024. He further
                                              submits that the name of the petitioner has
                                              surfaced in the confessional statement of co-
                                              accused Ankesh Kumar @ Mikal.
                                                          5. Learned A.P.P. has vehemently
                                              opposed the prayer for bail and has
                                              submitted that the petitioner has three
                                              criminal antecedents.
                                                          6. I have considered the
                                              submission of the learned counsel for the
                                              petitioner. The name of the petitioner has
                                              surfaced in the self inculpatory statement of
                                              co-accused and some looted articles have
                                              been recovered from the house of the
                                              petitioner.
                                                          7. Considering the aforesaid facts
                                              and circumstances, I am not inclined to
                                              grant bail to the petitioner. This application
                                              for regular bail is accordingly rejected.”

                                   4. The trial of the petitioner is going on and also

                      considering the gravity of offence, this Court finds no ground to

                      review its earlier order. Accordingly, this application for regular

                      bail stands rejected.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T


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