Sunny Paswan @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39126 of 2025 Arising Out of PS. Case No.-797 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Sunny Paswan @ Sunny Kumar S/O Sunil Paswan R/o Jai Hind Colony, Ranipur, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr.Vikramadit, Adv.
Mr. Amresh Kr. Sinha, Adv.
For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-02-2026 Heard Mr. N.K. Agrawal, learned Senior counsel for the petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioner in connection with Phulwari Sharif P.S. Case no.797 of 2024 registered under sections 302, 307, 120B, 379, 504 and 34 of IPC and Section 27 of Arms Act.
3. Allegation in the F.I.R is that petitoner along with others fired upon informant's husband due to which he succumbed to his injuries.
4. Learned Senior counsel for the petitioner submits
Patna High Court CR. MISC. No.39126 of 2025(5) dt.26-02-2026 2/3 that although in the F.I.R, there is allegation made on the petitioner also having fired along with others upon deceased but in the later part, there is specific allegation on Vishal Paswan and Vikash Paswan firing upon the head of the deceased. Postmortem report, however, shows two firearm injury. It is further submitted that there is a dispute between the parties on account of some financial transaction and with regard to land. It is further submitted that after commitment till date charges have not been framed and there is no likelihood of conclusion of trial in the near future. The petitioner is in custody since 20.06.2024 with no criminal antecedent. He undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there is specific allegation of opening fire upon the deceased by the petitioner and postmortem report indicates that one injury is on the head and other on chest, this Court is not inclined to grant bail to the petitioner and the application is rejected for the present.
7. However, liberty is granted to the petitioner to
Patna High Court CR. MISC. No.39126 of 2025(5) dt.26-02-2026 3/3 renew his prayer for bail in case no substantial progress is made in the case within a reasonable time frame.
(Soni Shrivastava, J) Harsh/- U T