Patna High Court
Sarbjeet Kumar @ Sarvjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 201, 302, 304B, 34
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
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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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