Sujit Kumar Das @ Fulendra @ Fulendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83238 of 2025 Arising Out of PS. Case No.-32 Year-2011 Thana- BELAGANJ District- Gaya ====================================================== Sujit Kumar Das @ Fulendra @ Fulendra Kumar S/O Jamun Das R/O Village - Shankarpur, P.s- Belaganj, District -Gaya ... ... Petitioner
Versus
The State Of Bihar Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate :
Mr. Brijmohan Das, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 27.02.2025 in connection with Belaganj P.S. Case No. 32 of 2011 for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code, Section 17 of CLA Act and Section 27 of Arms Act.
3. The prosecution story, in brief, is that on 05.03.2011 at about 5.30 P.M. one Vinay Sharma gave his fardbeyan before the police stating that on the day while he was returning home from Belhari Bazar after purchasing cloth along with is nephew Manish Kumar. In the way, in the garden of Nunu Singh the F.I.R. name four accused persons surrounded them equipped
Patna High Court CR. MISC. No.83238 of 2025(4) dt.25-03-2026 2/3 with fire arms shouting slogan of Male Liberation Jindabad. In the meantime, from the Western side of the garden Chanchala Devi, Vinay Sao, Rajaram Das, Birbal Paswan, Mandal Das, and Bindi Chaudhary shouted the slogans Male Liberation Jindabad and then it is alleged that on the instigation of Chanchala Devi and Chandu Ram shot from his pistol in the lower abdomen as a result of which Manish Sharma fell down. It is said that then Bilash Paswan shot on the head of deceased by rifle thereafter Sujit Kumar Das also shot on the head by the pistol. It is further alleged that Kamlesh Paswan shot on the body of deceased consequently, Manish Sharma died.
It is said that the accused persons held the informant tightly and told that they would not kill him instead they will kill his son Rabishwa. When the people stared to gather the accused persons fled away. It is next alleged that the incident took place due to rivalry of Panchayat Election and the accused persons earlier also attacked in the village. On the basis of above fardbeyan the present F.I.R. was lodged.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and is innocent and he has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and
Patna High Court CR. MISC. No.83238 of 2025(4) dt.25-03-2026 3/3 fabricated and the petitioner has not committed any offence as alleged in the FIR.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that there is specific and direct allegation against the petitioner that he has fired upon the nephew of the informant on his head along with the co-accused persons and he has died on the spot and the same is supported by medical evidence. It is next submitted that there is direct and specific allegation against the petitioner and apart from the aforesaid, the petitioner has been absconding from the last fourteen years.
6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Belaganj P.S. Case No. 32 of 2011 pending in the court of learned Court of District and Additional Sessions Judge-XVII, Gaya in Sessions Trial No. 955 of 2025.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T