Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78820 of 2025 Arising Out of PS. Case No.-228 Year-2025 Thana- DEHRI TOWN District- Rohtas ====================================================== Sunny Kumar S/o Prabhu Chaudhary Resident of Mohalla- Barah Pathar, P.S - Dehri (T), District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Kant, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Dehri (T) P.S. Case No. 228 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the B.N.S.
3. While the informant was coming along with his brother, in the meanwhile, the petitioner along with co-accused Rohit Kumar, who were coming on a motorcycle, dashed him due to which some scuffle took place and thereafter, the petitioner along with other co-accused persons brutally assaulted the informant's brother, due to which he sustained head injury. The injured brother was referred to Varanasi, where the treatment was done and subsequent thereto, FIR has been
Patna High Court CR. MISC. No.78820 of 2025(3) dt.17-12-2025 2/3 registered.
4. Learned Advocate for the petitioner submits that after reading of the FIR it is not evident that who is the assailant and caused injury upon the informant's brother, moreover, the discharge summary, as has been placed on record along with the FIR categorically shows that the brother of the informant has sustained injury, due to fall from the motorcycle, as is evident from page-19 of the bail application. The alleged occurrence took place on 09.05.2025, and the present FIR came to be instituted on 16.05.2025. The petitioner is a man of tender age, having fair antecedent and undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the delay has occurred on account of the fact that he was under treatment. There is a specific accusation against the petitioner of causing assault, due to which the petitioner sustained a fracture injury on his hand.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the nature of accusation, coupled with the delay in lodging of the FIR as well as the fair antecedent of the petitioner, let the
Patna High Court CR. MISC. No.78820 of 2025(3) dt.17-12-2025 3/3 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 S.D.J.M., Dehri (Rohtas) in connection with Dehri (T) P.S. Case No. 228 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) shivank/- U T