Patna High Court
Sumit Kumar @ RahulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond and comply with attendance conditions.
Summary
The petitioner, Sumit Kumar, was arrested in connection with a robbery and theft of cash and a mobile phone, alleged under Sections 395 and 397 of the Indian Penal Code. He contended that he was falsely implicated, noting that a co‑accused, Ghanshyam Bharti, had given a confessional statement naming Pintu Kumar, who in turn named the petitioner, but no material was recovered from the petitioner. The petitioner had been in judicial custody since 4 July 2025, while the co‑accused had already been granted bail in separate proceedings. The State opposed bail, citing five prior criminal cases against the petitioner. After hearing both sides, the Court found the lack of recovered evidence and the bail of co‑accused sufficient grounds to enlarge bail to the petitioner, subject to a bond and attendance conditions.
Issues considered
- Whether bail should be granted to the petitioner in a case of robbery under Sections 395 and 397 IPC, considering the absence of recovered material and the petitioner’s claim of innocence.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Indian Penal Code — s. 395, 397
Subjects
- bail
- robbery
- IPC Section 395
- IPC Section 397
- criminal antecedent
- confessional statement
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7725 of 2026
Arising Out of PS. Case No.-326 Year-2024 Thana- DHANARUA District- Patna
======================================================
Sumit Kumar @ Rahul S/O Kaushal Kishore Singh @ Kaushal Kumar
Resident of village - Tariyani Dumra, P.S- Belsand, District- Sitamarhi,Bihar.
At present resident of Vill.- Mainpur,P.S- Danapur,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dhanarua P.S. Case No. 326 of 2024 registered for the
offence punishable under Sections 395 and 397 of the Indian
Penal Code.
3. The case of the prosecution in short is that some
unknown miscreants have looted cash of Rs. 28,100/- from the
cash counter of the bank and also took away a mobile phone.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that during
Patna High Court CR. MISC. No.7725 of 2026(2) dt.06-02-2026
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investigation, one Ghanshyam Bharti was apprehended and he
has given his confessional statement and has named one Pintu
Kumar and Pintu Kumar has named this petitioner in his
confessional statement. He also submits that nothing has been
recovered from the possession of this petitioner. It has also been
submitted that co-accused, namely, Ghanshyam Bharti has been
granted bail by learned coordinate Bench of this Court in Cr.
Misc. No. 51338 of 2025 and co-accused, namely, Pintu Kumar
has been granted bail by this court vide Cr. Misc. No. 84916 of
2025. Moreover, the petitioner is languishing in judicial custody
since 04.07.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of five cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
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
S.D.J.M at Masaurhi, Patna in connection with Dhanarua P.S.
Case No. 326 of 2024 with following conditions:-
Patna High Court CR. MISC. No.7725 of 2026(2) dt.06-02-2026
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(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) As most of the cases of the petitioner are from
Danapur Police Station, so, he is also directed to mark his
weekly attendance at Danapur P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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