Patna High Court
Sumit Kumar @ RahulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5)
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
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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
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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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