Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6358 of 2025 Arising Out of PS. Case No.-535 Year-2024 Thana- PATLIPUTRA District- Patna ====================================================== Sunny Kumar S/O Raju Paswan Resident of Nehru Nagar, Road No 1, P.SPatliputra, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Patliputra Police Station Case No. 535 of 2024, disclosing offences under Sections 305(a), 317(2), 331(4) and 3(5) of the B.N.S.

3. As per the prosecution case, on 27.11.2024 at around 9:15 P.M. in the night when the informant along with her daughter reached her father's house she found that main gate was locked from outside, but the lock of the grill of entrance gate of the house was broken and the door was closed from inside. She raised alarm then a person jumped from a roof, who was arrested and disclosed his name as Gautam Kumar from whom a khanti, a bundle of twenty rupees denomination amounting to Rs. 2,000/- and a Samsung mobile has been recovered from his possession. The informant found that a bundle of ten rupees denomination

Patna High Court CR. MISC. No. 6358 of 2025(2) dt.17-03-2025 2/2 amounting to Rs. 1,000/-, a bundle of twenty rupees denomination amounting to Rs. 2,000/-, sixty notes of five hundred rupees denomination amount to Rs. 30,000/-, four gold necklace, five gold ear top and four gold rings were stolen. The apprehended person disclosed the name of the petitioner that stolen items were taken by the petitioner and petitioner has given him only a bundle of twenty rupees denomination.

4. Learned Counsel for the petitioner submits that the petitioner has been made accused on the basis of the disclosure made by the apprehended accused person who was apprehended at the place of the occurrence along with bundle of notes. The petitioner is having no criminal antecedent of similar nature of the offence.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that apprehended accused person disclosed the name of the petitioner who fled away with other stolen properties which may be the basis of further investigation by the Police, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ajay/- U T