Sanni Kumar @ Shani Kumar @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84250 of 2025 Arising out of PS. Case No.-49 Year-2025 Thana- SONHAN District- Kaimur (Bhabua) ====================================================== Sanni Kumar @ Shani Kumar @ Sunny Kumar Son of Devendra Singh Resident of Village- Bahapura, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Advocate Mr. Saharsh Subham, Advocate Mr. Utkarsh Shandilya, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in a case instituted for the offences under Section 87 of the Bharatiya Nyaya Sanhita, 2023 and later on Sections 142 and 143 of the Bharatiya Nyaya Sanhita, 2023. He has one criminal antecedent.

3. As per the prosecution case, the daughter of the informant had gone out from the house to study but she did not return, however, despite hectic search she could not be located. It has further been alleged that the informant's daughter used to talk on phone with a particular number and suspicion has been raised that the owner of the said number had kidnapped his daughter.

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4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case rather his stand is vindicated by the fact that the victim, in her statement made under Section 183 BNSS, stated that she had gone to commit suicide at the railway station and it was the petitioner who had saved her and took her to the house of co-accused Sarita Devi and then to Haryana where she insisted to marry with one Mohan Kumar. It is further submitted that the petitioner has nothing to do with the aforesaid incident and in fact he had saved the victim girl from committing suicide. It is also submitted that the co-accused Sarita Devi and Mohan Kumar have already been granted bail by Co-ordinate Benches of this Court and the same has been brought on record by way of Annexure-P/2 and P/3 respectively. It is lastly submitted that the petitioner has one antecedent, i.e., Bihta P.S. Case No. 10 of 2011 and he is in custody since 15.05.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner was involved in kidnapping of the victim girl as such he should not be released on bail.

6. Considering the aforesaid submissions of learned counsel and taking into account the fact that the petitioner is in

3/4 custody since 15.05.2025, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur, Bhabhua in connection with Sonhan P.S. Case No. 49 of 2025, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner except one aforementioned case and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for can-

4/4 cellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

8. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Kaimur at Bhahua within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

(Sourendra Pandey, J) Vikash/- U T