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Patna High Court

Jayant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to bond and conditions, noting the lack of substantive evidence and the pending charge‑sheet.

Summary

Jayant Kumar applied for regular bail in a criminal miscellaneous case involving alleged offences under Sections 109(1) and 61(2) of the BNS and Section 27 of the Arms Act. The petitioner argued that he was not named in the FIR, his name only surfaced during investigation based on a mobile number link, and no substantive material connected him to the crime; moreover, no charge‑sheet had been filed and he had been in judicial custody since 25‑04‑2025. The State opposed the bail, contending that the petitioner was one of the shooters. The Court, after considering the lack of concrete evidence, the absence of a charge‑sheet, and the petitioner’s prolonged detention, ordered his release on bail upon furnishing a bond of Rs.25,000 with two sureties of equal amount, subject to the trial court’s power to cancel the bail if he attempts to delay the framing of charge or the trial. The order effectively disposes of the bail petition.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being named as a shooter during investigation.
  • Whether the absence of a charge‑sheet and lack of material evidence justify granting bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • Arms Act
  • charge sheet
  • judicial custody
  • evidentiary insufficiency

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70954 of 2025
                  Arising Out of PS. Case No.-211 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Jayant Kumar S/O Brajbhushan Kumar Singh @ Braj Bhushan Kumar Singh
                 Resident of Village - Rampur Ganguli, P.S. - Riga, Dist. - Sitamarhi, Bihar
                                                                                ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anand Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-01-2026                  1. 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

                   offences punishable under Sections 109(1) and 61(2) of the BNS

                   as well as Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that unknown accused fired at him causing injury and he saw

                   Ramesh standing at the corner of the land and a white Scorpio

                   of Birbal was parked on Areraj main road.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the FIR and his name transpired

                   during the course of investigation as one of the shooters. It is

                   further submitted that based on the confessional statement of

                   petitioner, name of Rikky Kumar also transpired as one of the
Patna High Court CR. MISC. No.70954 of 2025(3) dt.16-01-2026
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          shooters but then it is submitted that Rikky Kumar has been

          granted the privilege of regular bail by an order dated

          26.11.2025 in Cr. Misc. No. 63746 of 2025 passed by a learned

          Coordinate Bench of this Court. It is next submitted that though

          name of the petitioner transpired during the course of

          investigation based on suspicion that his mobile number was

          found suspicious based on dumping report but then no other

          material transpired connecting the petitioner with the offence. It

          is also submitted that petitioner is languishing in judicial

          custody since 25.04.2025 and till date has not been put on TIP

          and charge-sheet has been submitted.

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

          the prayer for regular bail of the petitioner.

                       6. After hearing the learned counsel for the parties,

          the petitioner, above named, is directed to be released on bail on

          furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five

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

          satisfaction of the learned Trial Court where the case is pending

          in connection with Bettiah Mufassil P.S. Case No. 211 of 2025.

                       7. It is made clear that if the learned trial court comes

          to a conclusion that petitioner after his release on bail is trying

          to delay the framing of charge or after framing of charge is
           Patna High Court CR. MISC. No.70954 of 2025(3) dt.16-01-2026
                                                       3/3




                     trying to delay the trial in any manner in both the conditions the

                     learned trial court shall be at liberty to cancel the bail bonds of

                     the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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