Sumit Kumar @ Bharat @ Bharath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4213 of 2026 Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Sumit Kumar @ Bharat @ Bharath S/o Gokhul Ram, R/o Hardiya, Ward No 20, P.S.- Shikarpur, Distt- West Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 924 of 2025 dated 19.09.2025, registered for the offences punishable under Sections 103(1) and 238 read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the brother of the informant was stabbed to death and on enquiry, the informant came to know about the petitioner and other co-accused persons who were involved in killing of his brother.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. There is no material to show the complicity of
Patna High Court CR. MISC. No.4213 of 2026(2) dt.28-01-2026 2/3 the petitioner in killing of the brother of the informant. There is no eyewitness to the whole occurrence. Neither the petitioner nor anybody else has seen the alleged occurrence. There is no allegation that the deceased was seen in the company of the petitioner. During the investigation the police recorded the confessional statements of the co-accused, namely Chhotu Dubey and Sudhir Pandey and from their confessional statements, it transpires that some altercation took place between the deceased and Sudhir Pandey as they started using wrong words for wives of each other and from this altercation, a scuffle broke out and Sudhir Pandey stabbed the brother of the informant. Learned counsel next submits that petitioner is having antecedent of one case in which he is on bail. Learned counsel lastly submits that petitioner is in custody since 20.09.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and also the lack of material to show the involvement of the petitioner in the alleged occurrence and further considering the period of custody of the petitioner and
Patna High Court CR. MISC. No.4213 of 2026(2) dt.28-01-2026 3/3 the submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Bettiah, West Champaran / concerned Court, in connection with Shikarpur P.S. Case No. 924 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T