Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27507 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna ====================================================== Sunny Kumar S/o Anirudh Singh R/o Village- Mahmadichak, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Poddar Suresh Gandhi, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Sessions Trial No. 1515 of 2024 arising out of Punpun P.S. Case No. 197 of 2024 instituted for the offences under Sections 309(6), 103(1), 238, 61(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the accused persons including the petitioner is of being involved in committing murder of the deceased.

4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case merely on the basis of suspicion. Petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.27507 of 2025(3) dt.08-07-2025 2/3 and his name has surfaced in this case in course of investigation. There is no eye-witness to the alleged occurrence. The police arrested the petitioner and recorded his confessional statement which has no evidentiary value in the eye of law and, except confessional statement, there is nothing adverse against the petitioner in the entire record of the case. The alleged mobile phone does not belong to the petitioner. Learned counsel further submitted that there is no material against the petitioner to show the involvement of petitioner in the alleged commission of murder of the deceased. Nothing incriminating has been recovered from the conscious possession of the petitioner. It is next submitted that petitioner has one criminal antecedent and is in custody since 12.08.2024.

Learned counsel for the petitioner again submits that the co-accused namely Rajeeve Ranjan, Sanjay Kumar and Amod Kumar have been granted bail by this Court vide common order dated 17.02.2025 passed in Cr. Misc. No 79594 of 2024 and other analogous cases.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. Learned APP further submitted that the petitioner in his confessional statement has confessed his guilt of committing

Patna High Court CR. MISC. No.27507 of 2025(3) dt.08-07-2025 3/3 murder of the deceased in association with the other co-accused persons by sliting his throat with a knife. The postmortem report supports the prosecution case. Charge-sheet has been submitted in this case.

6. Having heard learned counsel for the parties and considering the nature and gravity of the offence as alleged against the petitioner as also taking into account the materials available on record, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T