Patna High Court
Subodh Kumar @ Data @ Suvodh RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 238, 3(5)
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
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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
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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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