Allowed¶22

Sabal Kumar @ Suman @ Sabal Kumar Suman v. The State of Bihar

Patna HC9 Sept 2025CR. MISC./21357/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.21357 of 2025, decided 09-09-2025 by Chandra Prakash Singh, J. Regular bail application under Ss.103(1), 238 r/w 3(5) BNS and S.27 Arms Act in Singhwara P.S. Case No. 246 of 2024 (Darbhanga), murder by shooting; petitioner unnamed in FIR, implicated via co-accused Om Prakash Pathak's confessional statement; bail granted with Rs.20,000/- bond and two sureties and an appearance condition; co-accused bail order dated 12.05.2025 in Cr. Misc. No. 86070 of 2024 noted.

What did the court decide?

Regular bail granted on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Darbhanga, subject to the condition of physical presence before the Court below on every date. ¶22

Sabal Kumar @ Suman @ Sabal Kumar Suman Vs The… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted regular bail in connection with Singhwara P.S. Case No. 246 of 2024.

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Ratio / Principle

Considering the facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Darbhanga, in connection with Singhwara P.S. Case No. 246 of 2024.

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Key takeaways

Bail is subject to the condition that the petitioner remain physically present before the learned Court below on each and every date; failure on two consecutive dates without reasonable cause renders the bail bonds liable to be cancelled.ratio¶21

Detailed headnote1 paragraphs

Bail granted — Offences u/ss 103(1), 238 read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act — Singhwara P.S. Case No. 246 of 2024, District Darbhanga — Petitioner not named in the F.I.R.; name surfaced in the confessional statement of co-accused Om Prakash Pathak; specific allegation of committing murder against the co-accused; nothing recovered from the conscious possession of the petitioner; one criminal antecedent disclosed; in custody since 10.09.2024; co-accused persons already granted regular bail by this Court vide order dated 12.05.2025 in Cr. Misc. No. 86070 of 2024 — Considering facts, circumstances and period of custody, petitioner directed to be enlarged on bail on bail-bond of Rs.20,000/- with two like sureties, with condition of physical presence before the Court below on each date, failing which on two consecutive dates without reasonable cause bail bonds liable to be cancelled — Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21357 of 2025

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Arising Out of PS. Case No.-246 Year-2024 Thana- SINGHWARA District- Darbhanga

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======================================================

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Sabal Kumar @ Suman @ Sabal Kumar Suman son of Sri Raman Kumar Pathak village- Madhopatti, ps- Kamtaul, Dist- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vaishnavi Singh For the Opposite Party/s : Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 09-09-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Singhwara P.S. Case No. 246 of 2024 dated 04.09.2024 registered for the offences punishable u/ss 103(1), 238 read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.

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3. As per the prosecution case, on 04.09.2024, during patrolling, the villagers informed him that by the side of the road at Thikapai, a dead body of a male person was lying and the informant went there and inspected the dead body and informed the S.H.O. and the S.H.O. reached there and inspected the dead body and came to conclusion that unknown culprits

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Patna High Court CR. MISC. No.21357 of 2025(3) dt.09-09-2025 2/3

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had murdered unknown person by shooting on his head. One empty cartridge was also recovered from the place of occurrence.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Om Prakash Pathak. Learned counsel has further submitted that the specific allegation of committing murder is against the co-accused, Om Prakash Pathak who confessed his guilt and committed murder of the deceased along with the other accused persons. The petitioner has no concern with the alleged offence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.09.2024. The co-accused persons have already been granted regular bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 86070 of 2024.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Patna High Court CR. MISC. No.21357 of 2025(3) dt.09-09-2025 3/3

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Singhwara P.S. Case No. 246 of 2024, with a condition:-

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

Sabal Kumar @ Suman @ Sabal Kumar Suman v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sabal Kumar @ Suman @ Sabal Kumar Suman v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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