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Patna High Court

Sudhir Kumar @ Sudhir YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioner's application for regular bail.

Summary

The petitioner, Sudhir Kumar, has been in custody since 4 January 2025 in connection with a FIR alleging two deaths, but the FIR does not specifically allege that he fired any weapon. He contended that co‑accused in the same case were granted regular bail, and that his prior criminal record alone should not justify denial of bail where the charge of killing is not specific. The State opposed bail, arguing that the petitioner’s three prior convictions make him a flight risk. After hearing both sides, the Court declined to grant regular bail, holding that the antecedents, coupled with the lack of a specific allegation, warranted denial of bail at this stage. The Court, however, permitted the petitioner to file a fresh bail application after the charge is formally framed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the absence of a specific allegation of firing in the FIR.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Subjects

  • bail
  • criminal antecedents
  • FIR
  • specific allegation
  • regular bail
  • charge framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89329 of 2025
                          Arising Out of PS. Case No.-701 Year-2023 Thana- FATUA District- Patna
                 ======================================================
                 Sudhir Kumar @ Sudhir Yadav S/o Late Mahendra Yadav @ Mahendra Gop
                 R/o Village- Surangaper, P.S.- Fatuha, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Senior Advocate
                                                   Mr. Vijay Anand, Advocate
                 For the Opposite Party/s :        Mr. Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026                   Heard Mr. N.K. Agrawal, learned Senior Counsel

                   assisted by Mr. Vijay Anand for the petitioner and learned APP

                   for the State.

                                 2. Learned Senior Counsel for the petitioner submits

                   that petitioner is in custody since 04.01.2025. It is next

                   submitted that no doubt two persons in the occurrence died but

                   then from perusal of the allegations, as alleged in the FIR, it

                   would manifest that no specific allegation of firing is alleged

                   against the petitioner. It is also submitted that similarly situated

                   co-accused have been granted the privilege of regular bail as

                   stands recorded in the order dated 29.08.2025 in Criminal

                   Miscellaneous No.46059 of 2025 whereby regular bail of the

                   petitioner was earlier rejected. It is next submitted that the
               Patna High Court CR. MISC. No.89329 of 2025(2) dt.11-03-2026
                                                           2/2




                         consideration which weighed with the Court for not granting the

                         privilege of regular bail to the petitioner was his criminal

                         antecedents but then merely because petitioner has antecedents

                         that in itself cannot be a ground to deny the privilege of bail to

                         an accused against whom the allegation of killing is not specific.

                                      3. The learned APP opposes the bail application and

                         submits that since petitioner has three criminal antecedents, as

                         such, if privilege of regular bail is granted, the petitioner may

                         abscond.

                                      4. After hearing the learned counsel for the parties, the

                         Court is not inclined to release the petitioner on bail,

                         accordingly, the prayer for grant of bail to the petitioner is

                         hereby rejected in connection with Fatuha P.S. Case No.701 of

                         2023, pending in the court of learned A.C.J.M.-II, Patna City.

                                      5. However, the petitioner would be at liberty to

                         renew his prayer for bail after framing of charge.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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