Sumit Ray @ Unnis Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48258 of 2026 Arising Out of PS. Case No.-162 Year-2025 Thana- KHUTAUNA District- Madhubani ====================================================== Sumit Ray @ Unnis Kumar son of Dayanand Ray Resident of villageBalanpatti, Ps- Khutauna, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Adv.
For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Khutauna P.S. Case No. 162 of 2025, registered for the offences punishable under Sections 126(2), 127(2), 115(2), 303(2), 308(3), 308(5), 352, 351(2) & 3(5) of the BNS.
3. Allegedly on the given date and time of occurrence, while the informant was returning from the house of his friend; in the meanwhile, he was surrounded by all the accused persons including the petitioner. The accused persons took away the informant in an orchard and extracted Rs. 20,000/- in cash, besides forced to transfer Rs. 30,300/- in the account of one Sanjiv Kumar.
4. Learned Advocate for the petitioner referring to the
Patna High Court CR. MISC. No.48258 of 2026(2) dt.22-07-2026 2/3 FIR contended that omnibus allegation has been levelled against all the five named accused persons. The money which has allegedly been transferred, the same has been done in favour of one Sanjiv Kumar. It is not the case of the prosecution that either any money has been snatched by the petitioner or transferred in his account or he played any overt act. In the said crime, the informant has not sustained any injury. Moreover, the significant delay in lodging of the FIR clearly suggest that there is every chance of exaggeration and false implication of the petitioner on account of he being one of the friend of coaccused person. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner was instrumental along with other co-accused persons in snatching a huge amount from the informant, besides the allegation of assault has also been levelled against him.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of omnibus nature of allegation, coupled with the delay in lodging of the FIR, besides no money has been transferred in the
Patna High Court CR. MISC. No.48258 of 2026(2) dt.22-07-2026 3/3 account of the petitioner or there is any allegation of snatching as also the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 162 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) sumit/- U T