Sumit Kumar @ Chotka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87957 of 2025 Arising Out of PS. Case No.-334 Year-2025 Thana- RUPASPUR District- Patna ====================================================== Sumit Kumar @ Chotka S/O Sunil Gop @ Sunil Yadav R/O Village- Loha Ka Pool, P.S- Mehandiganj, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Rupaspur P.S Case No. 334 of 2025 registered for the offences punishable under Sections 305 of the BNS.

3. As per allegation in the FIR petitioner is alleged to have committed dacoity at the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR and petitioner's name has been figured only on the basis of suspicion. He further submits that petitioner was not arrested on place of occurrence rather his name has been figured on the basis of the confessional

Patna High Court CR. MISC. No.87957 of 2025(2) dt.22-12-2025 2/2 statement of co-accused namely Rahul Kumar @ Williams. He further submits that no TIP has been conducted as yet neither any incriminating article has been recovered. It is also submitted that petitioner is in judicial custody since 07.07.2025.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 12.11.2025, it appears that petitioner's name has been figured from the confessional statement of the co-accused namely Rahul Kumar @ Williams. It also appears that not TIP has been conducted and nothing has been recovered from the possession of the petitioner. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IInd Danapur in connection with Rupaspur P.S. Case No. 334 of 2025. (Ramesh Chand Malviya, J) Sunnykr/- U