Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31417 of 2025 Arising Out of PS. Case No.-23 Year-2024 Thana- KHAIRA District- Saran ====================================================== Sunny Kumar S/o- Lal Sah Resident of Village-Kuldip Nagar, P.S. -Chapra Mufassil, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-07-2025 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 Khaira (Nagar) P.S. Case No. 23 of 2024, lodged on 23.01.2024, under Section 392 of the Indian Penal Code. Later on offence under Sections 412 and 395 of the Indian Penal Code was added.

3. As per the prosecution, four unknown accused persons intercepted the informant and his brother and snatched the wallets and mobile phones.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.31417 of 2025(3) dt.23-07-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is clean. Counsel submits that he is not named in the FIR and his name has surfaced only by virtue of confessional statement of co-accused. Counsel submits that nothing has been recovered from the possession of the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the rejection order it transpires that material has come against the petitioner in paragraph-32.

6. Upon perusal of the case-diary it transpires to this Court that his name has figured not only in paragraph-32; rather in paragraphs 75 and 75 of the case-diary. The person who has made confessional statement about involvement of the petitioner on his statement recovery of mobile phones and looted articles were made and in all paragraphs name of the petitioner has come.

7. As such, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of petitioner is hereby refused. (Dr. Anshuman, J) Mkr./- U T