Patna High Court
Suman Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Suman Kumar Yadav, applied for bail in a case registered as Supaul P.S. Case No. 440 of 2024, involving offences under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged that 108.48 grams of ganja and 5.03 grams of smack were recovered from the scene, and the petitioner was portrayed as a drug peddler. The petitioner’s counsel argued that he is innocent, has a clean antecedent, and has been in custody since 16‑10‑2025. The State opposed bail, emphasizing the seriousness of the murder charge and the drug possession. Justice Sandeep Kumar, after considering the facts, declined to grant bail, dismissing the petition but allowing a fresh application if the trial is delayed.
Issues considered
- Whether the petitioner is entitled to bail in a case involving murder (Sections 302, 34 IPC) and alleged drug possession
- Whether the allegation of being a drug peddler justifies denial of bail
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- drug seizure
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.740 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
Suman Kumar Yadav
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Supaul
P.S. Case No. 440 of 2024, S.T. No. 45 of 2025, registered for
the offence punishable under Sections 302, 34 of I.P.C.
3. As per the prosecution case, 108.48 grams of Ganja
and 5.03 grams of smack have been recovered from the place of
occurrence.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
16.10.2025 having clean antecedent.
5. Learned APP appearing for the State opposes the
prayer for bail of the petitioner and submits that the petitioner is
Patna High Court CR. MISC. No.740 of 2026(4) dt.27-04-2026
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drug paddler.
6. Considering the facts and circumstances of the
case, I am not inclined to grant bail to the petitioner, therefore,
the prayer for bail of this petitioner is dismissed.
7. However, the petitioner is given liberty to renew his
prayer for bail if the trial is delayed.
(Sandeep Kumar, J)
sanjeev/-
U T
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