Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, finding no material evidence to justify his continued detention.
Summary
The petitioner, Sujeet Kumar, sought bail after fearing arrest in a case originally registered under Section 140(3) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.) and later amended to include Sections 103(1), 140(1), 238 and 61(2). The FIR relates to the kidnapping and murder of an informant's uncle, but the petitioner’s name does not appear in the FIR; it surfaced only because he is the father of co‑accused Uday Yadav and his mobile tower location was near the crime scene. The State opposed bail, arguing the seriousness of the offences. The Court examined the lack of any tangible material linking the petitioner to the crime and held that the evidentiary basis was insufficient to justify denial of bail. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, within eight weeks, subject to conditions under Section 482 of the B.N.S.
Issues considered
- Whether bail should be granted to the petitioner in view of the lack of direct evidence linking him to the offences
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 103(1), 140(1), 140(3), 238, 482, 61(2)
Subjects
- bail
- criminal procedure
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- mobile location evidence
- kidnapping
- murder
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69983 of 2025
Arising Out of PS. Case No.-337 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Sujeet Kumar Son of Uday Yadav Resident of Village- Najaru Bigha, Ps-
Tehta Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumay Madhup, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 03-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 140(3) of the B.N.S.
and later on, Sections 103(1), 140(1), 238, 61(2) of the B.N.S.
were added.
3. As per F.I.R., on 28.04.2025, uncle of informant
was returning home after attending court proceeding in
Jehanabad court, but on way, he was kidnapped along with his
scorpio vehicle and later on, his dead-body was recovered.
4. Petitioner is not named in the F.I.R. Name of the
petitioner transpired in this case during course of investigation
merely because he is father of co-accused Uday Yadav and at
the time of alleged incident, he (petitioner) was found in touch
with co-accused Uday Yadav on mobile phone and the mobile
tower location of petitioner was also found near the place of
Patna High Court CR. MISC. No.69983 of 2025(4) dt.03-02-2026
2/2
occurrence. Save & except this, there is no tangible material
against this petitioner to show his complicity in the alleged
occurrence.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged 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
C.J.M., Jehanabad in connection with Jehanabad P.S. Case No.
337 of 2025, subject to condition as laid down under Section
482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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