Allowed¶20

Sumit Kumar @ Chotka v. The State of Bihar

Patna HC22 Dec 2025CR. MISC./87957/2025

Case brief

AI extract

What is this about?

Regular bail granted; Section 305 BNS offence; Rupaspur P.S. Case No. 334/2025, District Patna; accused not named in FIR; identification solely via co-accused (Rahul Kumar @ Williams) confessional statement; no test identification parade (TIP); no recovery from accused; judicial custody since 07.07.2025; bail bonds Rs. 10,000 with two sureties; jurisdictional court ACJM-IInd Danapur; impugned order dated 12.11.2025; Patna High Court; Justice Ramesh Chand Malviya.

What did the court decide?

Petitioner 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. ¶20

Sumit Kumar @ Chotka Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87957 of 2025

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Arising Out of PS. Case No.-334 Year-2025 Thana- RUPASPUR District- Patna

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

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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

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====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad, Adv For the Opposite Party/s : Mr.Ajit Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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2 22-12-2025

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

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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.

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

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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

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Patna High Court CR. MISC. No.87957 of 2025(2) dt.22-12-2025 2/2

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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.

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

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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.

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(Ramesh Chand Malviya, J)

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Sunnykr/-

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Sumit Kumar @ Chotka v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sumit Kumar @ Chotka 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

Statutes considered

Procedural history

Parties & counsel

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