Patna High Court
Sujit Kumar Das @ Fulendra @ Fulendra KumarversusThe State Of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 302
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
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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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