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Patna High Court

Sujit Kumar Das @ Fulendra @ Fulendra KumarversusThe State Of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Sujit Kumar Das, was arrested on 27‑02‑2025 in connection with a 2011 incident in Belaganj, Gaya, where he is alleged to have participated in a violent attack resulting in murder and injuries, violating IPC sections 147, 148, 149, 302, the Criminal Law Amendment Act section 17, and the Arms Act section 27. He applied for bail, claiming a clean antecedent and that the FIR is forged and he is falsely implicated. The prosecution countered that there are specific allegations and medical evidence linking him to the shooting, and that he has been absconding for fourteen years. The High Court, after hearing both sides, found the allegations serious and the evidence sufficient to justify continued detention. Consequently, the court refused the bail application.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under IPC, CLA Act and Arms Act.
  • Whether the petitioner’s claim of a forged FIR and clean antecedent is sufficient to merit bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Criminal Law Amendment Act
  • Arms Act
  • criminal conspiracy
  • court of sessions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83238 of 2025
                        Arising Out of PS. Case No.-32 Year-2011 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Sujit Kumar Das @ Fulendra @ Fulendra Kumar S/O Jamun Das R/O Village
                 - Shankarpur, P.s- Belaganj, District -Gaya

                                                                                    ... ... Petitioner
                                                       Versus
                 The State Of Bihar Patna

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                          :       Mr. Brijmohan Das, Advocate
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   25-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   27.02.2025 in connection with Belaganj P.S. Case No. 32 of

                   2011 for the offences punishable under Sections 147, 148, 149,

                   302 of the Indian Penal Code, Section 17 of CLA Act and

                   Section 27 of Arms Act.

                                3. The prosecution story, in brief, is that on 05.03.2011

                   at about 5.30 P.M. one Vinay Sharma gave his fardbeyan before

                   the police stating that on the day while he was returning home

                   from Belhari Bazar after purchasing cloth along with is nephew

                   Manish Kumar. In the way, in the garden of Nunu Singh the

                   F.I.R. name four accused persons surrounded them equipped
Patna High Court CR. MISC. No.83238 of 2025(4) dt.25-03-2026
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          with fire arms shouting slogan of Male Liberation Jindabad. In

          the meantime, from the Western side of the garden Chanchala

          Devi, Vinay Sao, Rajaram Das, Birbal Paswan, Mandal Das, and

          Bindi Chaudhary shouted the slogans Male Liberation Jindabad

          and then it is alleged that on the instigation of Chanchala Devi

          and Chandu Ram shot from his pistol in the lower abdomen as a

          result of which Manish Sharma fell down. It is said that then

          Bilash Paswan shot on the head of deceased by rifle thereafter

          Sujit Kumar Das also shot on the head by the pistol. It is further

          alleged that Kamlesh Paswan shot on the body of deceased

          consequently, Manish Sharma died. It is said that the accused

          persons held the informant tightly and told that they would not

          kill him instead they will kill his son Rabishwa. When the

          people stared to gather the accused persons fled away. It is next

          alleged that the incident took place due to rivalry of Panchayat

          Election and the accused persons earlier also attacked in the

          village. On the basis of above fardbeyan the present F.I.R. was

          lodged.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and
           Patna High Court CR. MISC. No.83238 of 2025(4) dt.25-03-2026
                                                       3/3




                     fabricated and the petitioner has not committed any offence as

                     alleged in the FIR.

                                 5. The learned Additional Public Prosecutor has

                     vehemently opposed the prayer for bail of the petitioner and

                     submits that there is specific and direct allegation against the

                     petitioner that he has fired upon the nephew of the informant on

                     his head along with the co-accused persons and he has died on

                     the spot and the same is supported by medical evidence. It is

                     next submitted that there is direct and specific allegation against

                     the petitioner and apart from the aforesaid, the petitioner has

                     been absconding from the last fourteen years.

                                  6. Considering the aforesaid facts, I am not inclined to

                     enlarge the petitioner on bail in connection with Belaganj P.S.

                     Case No. 32 of 2011 pending in the court of learned Court of

                     District and Additional Sessions Judge-XVII, Gaya in Sessions

                     Trial No. 955 of 2025.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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