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Patna High Court

Sumit Kumar @ RahulversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Sumit Kumar (also known as Rahul), was charged under sections 103 and 3(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act for the murder of an informant's husband. The prosecution's case rests solely on the confessional statement of co‑accused Vivek Kumar, with no independent evidence linking the petitioner to the crime. The petitioner has been in judicial custody since 23 May 2025, while a similarly situated co‑accused, Rohit Kumar, was previously granted bail. The petitioner’s counsel argued innocence and highlighted the lack of corroborative material and the prolonged detention. The State opposed bail, but the Court noted the insufficiency of evidence beyond the co‑accused’s confession and the precedent of bail to the co‑accused. Consequently, the Court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order reflects the principle that bail may be granted when the prosecution’s case is weak and the accused has been detained for an extended period without trial.

Issues considered

  • Whether regular bail can be granted in a murder case under sections 103, 3(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act when the only evidence is a co‑accused’s confessional statement.
  • Whether the petitioner’s prolonged pre‑trial detention warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • Arms Act
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78197 of 2025
                       Arising Out of PS. Case No.-627 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Sumit Kumar @ Rahul S/o Kaushal Kishore Singh @ Kaushav Kishore Singh
                 R/o Village- Tariyani Dumra, P.S- Belsand, Dist- Sitamarhi, Bihar. At Present
                 R/o Village- Mainpur, P.S- Danapur, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   16-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103, and 3

                   (5) of the BNS, 2023 and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the marriage of

                   the informant was solemnized in the year 2019 with one Manoj

                   Kumar @ Jitendra. On 12.07.2024, when the husband of the

                   informant was returning at 7:00 P.M., it is alleged that unknown

                   miscreants have killed the husband of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that
            Patna High Court CR. MISC. No.78197 of 2025(3) dt.16-01-2026
                                                        2/2




                      during the course of investigation, the name of the petitioner

                      has surfaced on the basis of the confessional statement of Vivek

                      Kumar. Save and except the confessional statement of           co-

                      accused Vivek Kumar, nothing has come against the present

                      petitioner to implicate him. It is further submitted that similarly

                      situated co-accused, namely, Rohit Kumar has since been

                      extended the privilege of bail vide order dated 15.09.2025

                      passed in Cr. Misc. No. 45645 of 2025. Moreover, the petitioner

                      is languishing in judicial custody since 23.05.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Danapur P.S. Case No. 627 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      ACJM-1st, Danapur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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