Allowed¶21

Bishwajit Kumar @ Bishwa v. The State of Bihar

Patna HC3 Dec 2025CR. MISC./46990/2025

Case brief

AI extract

What is this about?

Regular bail; Patna High Court; Criminal Miscellaneous No.46990 of 2025; Sultanganj P.S. Case No. 115 of 2023; Bhagalpur; Sections 326, 307, 120B, 34 IPC; Sections 25(1-b)a, 26, 27 Arms Act; firing on informant's father; local political differences; confessional statement of co-accused Prashant Kr. Mandal; co-accused Anant Kumar; charge-sheet filed; custody since 16.02.2025; bail bond Rs. 10,000; two sureties; Section 437(3) Cr.P.C.; Section 480(3) BNSS; ACJM 1st Class Bhagalpur; Chandra Shekhar Jha, J.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Class, Bhagalpur / concerned court, subject to conditions under Section 437(3) Cr.P.C./Section 480(3) BNSS. ¶21

Bishwajit Kumar @ Bishwa Vs The State of Bihar — Bail and Remand | Patna HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, named in the FIR and in custody since 16.02.2025 in Sultanganj P.S. Case No. 115 of 2023, is entitled to be released on bail.

¶12

Court's answer

Save and except suspicion arising out of the confessional statement of apprehended co-accused Prashant Kr. Mandal, prima facie nothing incriminating appears during investigation to suggest the petitioner's involvement in the crime in question.

¶21

Ratio / Principle

Investigation of the case is already completed (charge-sheet submitted) and the petitioner has remained in custody since 16.02.2025; these factors weighed in favour of bail.

¶21

Key takeaways

Petitioner directed to be released on bail in Sultanganj P.S. Case No. 115 of 2023 on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 437(3) Cr.P.C./Section 480(3) BNSS.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.) allowed bail to the petitioner, Bishwajit Kumar @ Bishwa, in Sultanganj P.S. Case No. 115 of 2023 (Sections 326, 307, 120B, 34 IPC; Sections 25(1-b)a, 26, 27 Arms Act), arising from an alleged firing on the informant's father said to be rooted in local political differences. Holding that, save and except suspicion arising out of the confessional statement of apprehended co-accused Prashant Kr. Mandal, prima facie nothing incriminating appeared during investigation to suggest the petitioner's involvement, and noting that investigation was complete with charge-sheet submitted and that the petitioner, named in the FIR, was in custody since 16.02.2025, the Court directed release on bail on a bond of Rs. 10,000 with two like sureties to the satisfaction of the ACJM 1st Class, Bhagalpur, subject to conditions under Section 437(3) Cr.P.C./Section 480(3) BNSS.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46990 of 2025

¶2

Arising Out of PS. Case No.-115 Year-2023 Thana- SULTANGANJ District- Bhagalpur

¶3

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

¶4

Bishwajit Kumar @ Bishwa S/O Uma Sanker Mandal Resident of VillageGandhipur, P.S.- Bariyarpur, Distt.- Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Navin Kumar Pandey ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

¶10

3 03-12-2025 Heard the parties.

¶11

The petitioner seeks bail in connection with

¶12

Sultanganj P.S. Case No. 115 of 2023 registered for the offence under Sections 326, 307, 120B, 34 of I.P.C. and Section 25(1-b)a, 26, 27 of Arms Act.

¶13

The petitioner is named in the F.I.R. and is in custody since 16.02.2025.

¶14

As per FIR, named co-accused alongwith some unknown open fire upon the father of the informant causing fire arm injury, where occurrence is alleged to be arising out of local political differences.

¶15

Learned counsel appearing on behalf of the

¶16

Patna High Court CR. MISC. No.46990 of 2025(3) dt.03-12-2025 2/3

¶17

petitioner submitted that the person who fired upon the father of the informant was apprehended on spot by public and disclosed his name as Prashant Kr. Mandal and has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 62295 of 2023 through order dated 29.01.2024. It is pointed out that person who found fleeing on motorcycle namely, Anant Kumar also granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 60570 of 2023 through order dated 12.09.2023. It is submitted that petitioner was admittedly not present at spot and his name implicated only on the basis of suspicion as one of the conspirator.

¶18

Explaining the criminal antecedent, it is submitted that petitioner found involved in five more criminal cases mostly of petty nature, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

¶19

Learned APP opposes the prayer of bail.

¶20

Patna High Court CR. MISC. No.46990 of 2025(3) dt.03-12-2025 3/3

¶21

In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of apprehended co-accused namely Prashant Kr. Mandal, prima-facie nothing incriminating appears during investigation as to suggest involvement of petitioner with present crime in question, coupled with fact that investigation of this case already completed where petitioner remains in custody since 16.02.2025, accordingly petitioner above named, is directed to be released on bail in connection with Sultanganj P.S. Case No. 115 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1^st Class, Bhagalpur /concerned court, subject to the conditions

¶22

as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

¶23

(Chandra Shekhar Jha, J)

¶24

Sudha/- U T

Bishwajit Kumar @ Bishwa v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bishwajit Kumar @ Bishwa v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Alok Kumar @ Alok Kumar Singh @ Pinku Vs The State of Bihar

Nitish Kumar Vs The State of Bihar

Aman Kumar Vs The State of Bihar

Umesh Kumar Vs The State of Bihar

Shiv Shankar Kumar @ Bhola Paswan Vs The State of Bihar

Mahendra Kumar Singh Vs The State Of Bihar