Patna High Court

Sujit KumarversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Sujit Kumar, was arrested in connection with a murder case (Amas P.S. Case No. 157 of 2025) alleged under Sections 103, 238 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution claimed that the petitioner was part of a mob that fled the scene after a shooting that resulted in the death of the informant's son. The defence argued that the petitioner was merely named as a mob member, had no criminal antecedent, and that the substantive allegations and weapon possession were against two other accused, Ravindra Paswan and Banti. The petitioner had been in judicial custody since 23‑05‑2025, while a co‑accused, Bipin Kumar, had already been granted bail in a similar proceeding. After hearing both sides, the Court found no compelling reason to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S. and the Arms Act.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103, 238, 3(5)

Subjects

bail
criminal procedure
murder
arms act
judicial custody
section 103 B.N.S.
section 238 B.N.S.
section 3(5) B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7335 of 2026
                          Arising Out of PS. Case No.-157 Year-2025 Thana- AMAS District- Gaya
                 ======================================================
                 Sujit Kumar, S/O Ajit Manjhi, Resident of Village- Malpa, P.S- Guraru, Distt.-
                 Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   10-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Amas P.S. Case No. 157 of 2025 registered for the offence

                   punishable under Sections 103, 238 and 3(5) of B.N.S. and

                   Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others was having talks with the son of the

                   informant       Chandan       Kumar        (deceased).      Meanwhile,         the

                   informant heard some sound of firing when she went there, she

                   found that petitioner along with two others was fleeing away.

                   Ravindra Paswan was having a small weapon which he was

                   putting in his waist. When she went to the house of Banti, she

                   found that her son was lying in the pool of blood and Banti was
Patna High Court CR. MISC. No.7335 of 2026(4) dt.10-04-2026
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          trying to remove the blood from the floor. The deceased was

          bleeding from temple. He succumbed to his injury on the way to

          hospital.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. Learned counsel for the petitioner has

          submitted that from perusal of the F.I.R., it is clear that name of

          this petitioner has been arrayed only as the member of mob.

          Allegation, if any, is against two persons, Ravindra Pawan who

          was having gun and Banti who was trying to remove the blood

          from the floor. It has further been submitted that in this case,

          altogether four named accused are there and from perusal of the

          postmortem report, it will transpire that the deceased has

          received one gunshot injury in his head. It has further been

          submitted that similarly situated co-accused Bipin Kumar has

          been granted bail by this Court vide Cr. Misc. No. 9440 of 2026.

          Petitioner is having no criminal antecedent and he is languishing

          in judicial custody since 23.05.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is
             Patna High Court CR. MISC. No.7335 of 2026(4) dt.10-04-2026
                                                         3/3




                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned District

                       and Additional Sessions Judge-III, Sherghati, Gaya in

                       connection with Amas P.S. Case No. 157 of 2025.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T

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