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Patna High CourtCR. MISC./45177/2025bail granted

Sunny Kumar @ Bhanu v. The State Of Bihar

2025-08-22Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45177 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== SUNNY KUMAR @ BHANU S/o SHRI PRAMOD KUMAR RESIDENT OF VILLAGE-SHIV RAMPUR TOLA FARDA, P.S.-SAFIASARAI, DISTRICT- MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Prasad, Adv For the Opposite Party/s :

Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Munger Muffasil P.S. Case No. 258 of 2024 registered for the offence under Sections 103, 61(2) and 3(5) of B.N.S. and Section 27 of Arms Act.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 18.12.2024.

4. The allegation against petitioner is to commit murder of son of the informant and his driver along with other named and unknown co-accused persons.

5. Learned Counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired during the course

Patna High Court CR. MISC. No.45177 of 2025(3) dt.22-08-2025 2/3 of investigation on the basis of confessional statement of coaccused, namely, Navin Tanti @ Navin Kumar @ Lulha @ Kishan, where in furtherance of which no incriminating material recovered/surfaced, as to connect petitioner prima facie with present crime in question. It is pointed out that said co-accused Navin Tanti @ Lulha has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 24668 of 2025 dated 30.04.2025 and, therefore, petitioner deserves judicial parity. While concluding the argument, it is submitted that the petitioner found involved in one more case of petty nature, where he is on bail and, moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid facts and circumstances and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused as discussed aforesaid, nothing prima facie incriminating appears as to connect petitioner prima facie with present crime in question, coupled with the fact that charge-sheet has already submitted, where petitioner remains in custody since 18.12.2024, accordingly, petitioner above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.45177 of 2025(3) dt.22-08-2025 3/3 Munger Muffasil P.S. Case No. 258 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T