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Patna High Court

Subin KumarversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

Petitioner Subin Kumar applied for bail in a criminal case registered under Sections 103 and 238 of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleges that a mobile phone of the deceased was recovered from the petitioner's house and that the petitioner has two prior criminal convictions. The petitioner contends that he is innocent, was not named in the FIR and was implicated only on suspicion during investigation. The court examined the material evidence, the seriousness of the offences and the petitioner's antecedents. Considering the suspicion, the recovered phone and the criminal record, the court rejected the bail application and ordered the trial to be expedited within one year.

Issues considered

  • Whether bail should be granted to the petitioner despite the lack of direct evidence and the presence of suspicion and material recovered from his house
  • Whether the petitioner's prior criminal antecedents justify denial of bail

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • Arms Act
  • investigation
  • suspicion
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83081 of 2025
                       Arising Out of PS. Case No.-163 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Subin Kumar S/O Sargun Prasad Resident of Village- Nonay, P.S.- Akabarpur,
                 District- Nawada,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Man Mohan Kumar, Advocate
                 For the State           :        Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103 and 238 of the B.N.S.

                   and Sections 25(1-b)a, 26 and 35 of the Arms Act.

                                3. As per prosecution case, informant suspects that

                   one Laxman Pandit, who is driver of another truck of father of

                   informant, due to money dispute, killed his father.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Informant is not an eye witness to the occurrence. Petitioner is

                   not named in the F.I.R.. Name of petitioner transpired in this

                   case during course of investigation only on suspicion. Save and

                   except suspicion, there is no material on record to show the
             Patna High Court CR. MISC. No.83081 of 2025(3) dt.30-01-2026
                                                         2/2




                       complicity of this petitioner in the alleged offence. Moreover,

                       charge-sheet has already been submitted and petitioner is in

                       custody since 30.03.2025.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of bail to the petitioner

                       and submitted that name of petitioner transpired during course

                       of investigation and mobile phone of the deceased was

                       recovered from the house of this petitioner. Petitioner has got

                       two criminal antecedents.

                                    6. Considering the facts and circumstances of the

                       case, materials that have surfaced during course of investigation

                       and criminal antecedents of the petitioner, the prayer for grant

                       bail of to the petitioner is rejected.

                                    7. However, considering the fact that petitioner is in

                       custody since 30.03.2025, the learned trial court is directed to

                       expedite the trial and conclude the same, preferably within a

                       period of one year from the date of receipt/production of a copy

                       of this order.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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