Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63879 of 2025 Arising Out of PS. Case No.-286 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Sunny Kumar S/O Indrajit Sharma @ Indrajit Sao R/O Vill.- Nehru Nagar, LCT Ghat, Mainpura, P.S.- Patliputra, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Maharaj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 286 of 2025 instituted for the offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. Subsequently, Section 317(2) of the BNS, 2023 was added. 3.

The informant alleged that on 02.04.2025 at about 10:30 PM, he had parked his motorcycle (Yamaha R15M, Reg. No. BR01HJ7590) near Lane No. 1, Chanmari Road, Patna. When he returned, the motorcycle was missing, and despite search, he could not find it.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.63879 of 2025(2) dt.10-09-2025 2/3 that the petitioner is in custody since 24-06-2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during investigation. Looted motorcycle was recovered in connection with Shastri Nagar PS Case No. 337 of 2025. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kankarbagh P.S.

Patna High Court CR. MISC. No.63879 of 2025(2) dt.10-09-2025 3/3 Case No. 286 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T