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Patna High Court

Sarbjeet Kumar @ Sarvjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Sarbjeet Kumar, was arrested in connection with a case involving offences under Sections 302, 304B, 201 and 34 of the Indian Penal Code. He had been in custody since 4 May 2024 and his earlier bail application was rejected on 7 February 2025. The petitioner argued that he was innocent, being merely the husband of the deceased, and that the trial was still pending with no criminal antecedents. The State opposed bail, citing the seriousness of the charges. Considering the petitioner’s clean record, the length of custody, and the fact that the trial was ongoing, the Court allowed bail, directing release upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under IPC Sections 302, 304B, 201 and 34
  • Whether the petitioner’s clean antecedents and the pending trial justify bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • murder
  • dowry death
  • common intention
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68099 of 2025
                    Arising Out of PS. Case No.-47 Year-2024 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
                 Sarbjeet Kumar @ Sarvjit Kumar S/o- Kameshwar Singh Resident of Village-
                 Rampur, P.S-Kudra District-Kaimu at Bhobhua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Arun Kumar, Advocate
                 For the State            :       Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 302, 304B, 201 and 34 of the

                   Indian Penal Code.

                                3. Earlier, the prayer for grant of bail of the petitioner

                   was rejected by this Court vide order dated 07.02.2025 passed in

                   Cr. Misc. No. 72948 of 2024.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Petitioner has falsely been implicated in this case merely

                   because he happens to be husband of the deceased. It is further

                   submitted that till date, trial has not been concluded and the case

                   is still running for prosecution evidence. Petitioner has got no
             Patna High Court CR. MISC. No.68099 of 2025(3) dt.30-01-2026
                                                         2/2




                       criminal antecedents and he is in custody since 04.05.2024.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, period of custody and clean antecedents of the petitioner,

                       the prayer for grant bail of to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned Sessions Judge, Kaimur at Bhabhua in

                       connection with Kudra P.S. Case No. 47 of 2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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