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Patna High Court

Subodh Kumar @ Data @ Suvodh RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Subodh Kumar, was arrested in connection with a murder case (Section 103(1), 238, 3(5) of the B.N.S., 2023) and an offence under Section 27 of the Arms Act. The prosecution’s case is based on the discovery of a dead body, an empty cartridge, and a confessional statement of a co-accused that allegedly implicates the petitioner, along with a mobile phone recovered from him. The defence argued that the petitioner is innocent, that the FIR was lodged against unknown miscreants, and that bail had been granted to similarly situated co‑accused in other bail applications. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted in a murder and arms possession case where the primary evidence against the accused is a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether the grant of bail to other co‑accused in similar cases warrants a similar order for the petitioner.

Legislation cited

Subjects

  • bail
  • murder
  • arms act
  • confessional statement
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85527 of 2025
                   Arising Out of PS. Case No.-246 Year-2024 Thana- SINGHWARA District- Darbhanga
                 ======================================================
                 Subodh Kumar @ Data @ Suvodh Ray S/o Vishnu Ray @ Late Bishnu Ray
                 R/o - Shubhankarpur, ( Bichla tola, Chataria), P.S - Town, District-
                 Darbhanga, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mrs. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-01-2026                    Heard Mr. Vinay Kumar Mishra, learned counsel for

                   the petitioner and Mrs. Sangeeta Sharma, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Singhwara P.S. Case No. 246 of 2024 registered for the

                   offence punishable under Section 103(1), 238, 3(5) of the

                   B.N.S., 2023 and Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that while

                   the informant was on patrolling duty, the villagers informed him

                   that by the side of the road at Thikapai, a dead body of a male

                   person was lying and the informant went there and inspected the

                   dead body and informed the S.H.O. and the S.H.O. reached

                   there and inspected the dead body and came to conclusion that
Patna High Court CR. MISC. No.85527 of 2025(2) dt.19-01-2026
                                            2/3




          unknown culprits had committed murder of the deceased by

          suiting on his head. One empty cartridge was also recovered

          from the place of the occurrence.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the FIR

          was lodged against the unknown miscreants. During the course

          of investigation, on the basis of confessional statement of one

          co-accused person, namely, Om Prakash Pathak, the name of

          this petitioner has surfaced. It has further been submitted that

          one mobile has been recovered from the possession of this

          petitioner, which belongs to the petitioner. Save and except the

          confessional statement of the co-accused, there is nothing

          against this petitioner. It is also submitted that similarly situated

          co-accused persons, namely, Pradeep Kumar Sah, Md.

          Shamsher, Basant Yadav, and others, have been granted bail by

          the learned coordinate bench of this court in Cr. Misc. Nos.

          86070 of 2024, 474 of 2025, and 89273 of 2024, respectively.

          The case of this petitioner stands on similar footing. Moreover,

          the petitioner is languishing in judicial custody since

          10.09.2025.
           Patna High Court CR. MISC. No.85527 of 2025(2) dt.19-01-2026
                                                       3/3




                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of three cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Additional Chief Judicial Magistrate-VII- Darbhanga in

                     connection with Singhwara P.S. Case No. 246 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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