Sani @ Sani Kumar @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46893 of 2025 Arising Out of PS. Case No.-323 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Sani @ Sani Kumar @ Sunny Kumar S/O Anil Kumar R/O Village- Chakpar, Ps- Hisua, Dist- Nawada,Pin Code-805103 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-07-2025 Heard Mr. Anil Kumar, learned counsel appearing on behalf of the petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Vishnupad P.S. Case No. 323 of 2023 registered under Sections 379, 420, 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner allegedly didn't return the camera to the Informant, whose price assessed to be Rs.60,000/- and on the basis of tower location the petitioner's name has surfaced in the present case.
4. Learned counsel appearing on behalf of the petitioner submitted that on the date of alleged incidence the petitioner was juvenile, aged about 16 years and now he has attained the age of 18 years, as would appear from the cause
Patna High Court CR. MISC. No.46893 of 2025(2) dt.30-07-2025 2/3 title of the bail application, which has been filed in the year 2025 and he is not involved in any manner in alleged commission of crime. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that on the date of alleged incidence the petitioner was juvenile, aged about 16 years and now he has attained the age of 18 years, as would appear from the cause title of the bail application, which has been filed in the year 2025, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate - Ist Class, Gaya in connection with Vishnupad P.S. Case No. 323 of 2023, subject
Patna High Court CR. MISC. No.46893 of 2025(2) dt.30-07-2025 3/3 to the condition as laid down under Section 482 of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T