Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20415 of 2026 Arising Out of PS. Case No.-455 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Sunny Kumar S/O Dinesh Chauhan R/O Near Devi Ashan, Dharampur, Mohammadpur, Kurzi, P.S- Digha, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2026 Heard Mr. Prakash Chandra Jha, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Naubatpur P.S. Case No. 455 of 2025, F.I.R. dated 08.08.2025 for the offences punishable under Sections 126(2), 127(2), 109, 1223, 303(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, some miscreants put some peculiar smelling substance on the nose of the informant who is driving an E-rickshaw due to which he lost his consciousness. When he came in sense, he found himself near the Badipur Pansar forest and his E-rickshaw was missing.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.20415 of 2026(2) dt.17-04-2026 2/3 implicated in the present case. He further submits that the petitioner is not named in the FIR and his name has been transpired during investigation on the basis of the confessional statement made by the co-accused, namely, Pintu Kumar and the said Pintu Kumar has also confessed the names of other accused persons, namely, Bajrangi Kumar and Damru Kumar who have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 25.03.2026 passed in Cr. Misc. No. 18185 of 2026. He further submits that the recovery has been made on the basis of confessional statement of Pintu Kumar and till date no TIP has been conducted by the prosecution.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VI, Danapur in connection with Naubatpur P.S. Case No. 455 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with
Patna High Court CR. MISC. No.20415 of 2026(2) dt.17-04-2026 3/3 other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T