Suman Kumar Rai @ Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6319 of 2025 Arising Out of PS. Case No.-66 Year-2016 Thana- PIYAR District- Muzaffarpur ====================================================== Suman Kumar Rai @ Suman Kumar S/o Late Bachchu Rai R/o vill - Purani Bazar, P.S. - Motipur, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Piar P.S. Case No. 66 of 2016, lodged on 01.11.2016, under Sections 356/379 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four unknown accused persons against whom there is allegation of snatching the vehicle of the informant.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.6319 of 2025(3) dt.09-05-2025 2/3 name of the petitioner has figured in this case by virtue of confessional statement of co-accused. Counsel submits that antecedent of the petitioner is clean. Counsel submits that nothing has been recovered from the possession of the petitioner. Counsel submits that the looted mobile has been recovered from the house of co-accused Braj Kishore Kumar and his name has come only by virtue of his confessional statement. He submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in the confessional statement the co-accused has disclosed that the looted vehicle has been taken from the present petitioner. He further submits that from the rejection order two unique things transpires, firstly, that the petitioner has moved for anticipatory bail before the Sessions Judge in A.B.P. No.648 of 2018 which was disposed of on 04.06.2018 with a direction to surrender before the Courtbelow and seeks regular bail but the petitioner neither surrendered nor moved before this Court for completed period of seven years and it also indicates that he has become absconder.
6. In this view of the matter, this Court is not inclined
Patna High Court CR. MISC. No.6319 of 2025(3) dt.09-05-2025 3/3 to grant anticipatory bail to the petitioner, the prayer for anticipatory bail of petitioner is hereby rejected. (Dr. Anshuman, J) Mkr./- U T