Patna High Court
Sumit Kumar @ RavanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, finding insufficient direct evidence to justify continued detention.
Summary
The petitioner, Sumit Kumar, was arrested in connection with a case (PS No. 492 of 2022) alleging offences under Sections 399, 402 of the IPC and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution’s case rests on secret information and the recovery of pistols and cartridges from co‑accused, with the petitioner’s name linked only to confessional statements of the co‑accused, which the defence argued lack evidentiary value. The petitioner claimed innocence, noting no incriminating material was found on him and that he was not arrested on the spot; he has been in custody since 20‑12‑2024 and has two prior criminal antecedents for which he is out on bail. The State opposed bail. Considering the lack of direct evidence against the petitioner and the period of custody already endured, the Court granted bail, ordering a bond of Rs.15,000 with two sureties and imposing conditions regarding family surety and appearance at trial.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under Sections 399, 402 IPC and Sections 25(1‑B)(a), 26, 35 of the Arms Act, given the absence of material evidence against him and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Indian Penal Code — s. 399, 402
Subjects
- bail
- Indian Penal Code
- Arms Act
- confessional statement
- criminal antecedents
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90658 of 2025
Arising Out of PS. Case No.-492 Year-2022 Thana- KOTWA District- East Champaran
======================================================
Sumit Kumar @ Ravan Son of Ashok Sah R/o - Chatiya Tola Dhup Sah, P.S -
Malahi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kant Mani Tripathi, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Kotwa
P.S. Case No. 492 of 2022, instituted for the offences punishable
under Sections 399, 402 of the Indian Penal Code, Sections
25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that on the basis
of secret information, the police arrested two co-accused
persons and recovered two country made pistols along with two
live cartridges.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.90658 of 2025(2) dt.13-01-2026
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the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner was not arrested on
spot. Name of the petitioner has transpired in this case on the
basis of confessional statement made by co-accused persons and
the same has got no evidentiary value. It is further submitted
that the petitioner has got no concern with the alleged recovery
of arms. The petitioner is in custody since 20.12.2024 and has
got two criminal antecedents in which he is on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kotwa P.S. Case No.
492 of 2022, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.90641
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.90658 of 2025(2) dt.13-01-2026
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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