Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6253 of 2025 Arising Out of PS. Case No.-503 Year-2024 Thana- BIHTA District- Patna ====================================================== Sunny kumar S/o Dindayal Rai R/o vill - Bahpura, P.S. - Bihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the State :

Mrs. Pushpa Sinha, APP For the Informant :

Mr. Manoranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

2. In the present case, the petitioner seeks bail in connection with Bihta P.S. Case No. 503 of 2024 registered on 05.06.2024 for the alleged offences under Sections 302, 201 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, son of the informant went to attend his job and did not return. Later on his dead body was found. The name of the petitioner transpired during investigation for being involved in the murder of the son of the informant.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the FIR and his name came

Patna High Court CR. MISC. No.6253 of 2025(3) dt.13-05-2025 2/3 up on the basis of further statement of the informant recorded under Section 161 of Cr.P.C. wherein he has stated that his son was last seen with the petitioner. There is no eye-witness to the alleged occurrence and there is no allegation of any overt act against the petitioner. The allegations are mostly general and omnibus. Though it is alleged that the petitioner confessed his involvement and such confessional statement has got no legal sanctity. Petitioner is in custody since 06.06.2024 and chargesheet has been submitted. Petitioner is having antecedent of one case.

5. Learned APP as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the petitioner was apprehended, his confessional statement was recorded and on the basis of his statement and at the instance of the petitioner, dead body and motorcycle of the son of the informant was recorded. Son of the informant was shot dead and post-mortem report shows death was caused due to hemorrhage and shock due to injuries mentioned and leading to cardio respiratory failure.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the

Patna High Court CR. MISC. No.6253 of 2025(3) dt.13-05-2025 3/3 fact that the dead body of the son of the informant was recovered at the instance of the petitioner and further considering the serious and grave nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Hence, the prayer for bail is rejected.

(Arun Kumar Jha, J) balmukund/- U T