Patna High Court
Sunny Kumar @ SanamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted and dismissed the application.
Summary
The petitioner, Sunny Kumar, applied for regular bail in a case registered under Section 309(4) of the B.N.S., 2023, alleging that he merely purchased a looted mobile phone and was not involved in the theft of a motorcycle and mobile. The investigating police recovered the mobile from him and he gave a self‑inculpatory statement admitting participation in the crime. The petitioner argued that he has a clean antecedent, has been in custody since 09‑07‑2025, and that charges have not yet been framed. The Court examined the seriousness of the offence, the petitioner’s admission, and the lack of charge framing, and found no sufficient ground to overturn its earlier denial of bail. Consequently, the bail application was dismissed and the Court directed the lower court to expedite the trial and frame charges promptly.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 309(4) of the B.N.S., 2023 despite his self‑inculpatory statement and the gravity of the offence
- Whether the absence of framed charges warrants a reconsideration of the earlier bail denial
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- B.N.S.
- self‑inculpatory statement
- charge framing
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10115 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- PARWALPUR District- Nalanda
======================================================
Sunny Kumar @ Sanam S/o Ravindra Prasad RO Village- Manikpur, PS-
Parwalpur, District- Nalanda Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Parwalpur P.S. Case No.
117 of 2025 registered for the offence under Section 309(4) of
B.N.S. Earlier the bail application of the petitioner was rejected
vide order dated 13.10.2025 passed in Cr. Misc. No. 71355 of
2025 which reads as under:-
Heard learned counsel for the petitioner
and learned APP appearing on behalf of the State.
2 . This application for grant of regular bail
arises out of Parwalpur P.S. Case No.117 of 2025
registered for the offence punishable under section 309(4)
of the B.N.S., 2023.
3 . Unknown criminals looted one motorcycle
and one mobile phone from the informant.
4 . During investigation, the name of
the petitioner has come in the case. The looted mobile has
been recovered from him. The petitioner has given a self-
inculpatory statement that he has participated in the
crime. He is in custody since 09.07.2025.
Patna High Court CR. MISC. No.10115 of 2026(2) dt.16-02-2026
2/2
5 . Learned counsel for the petitioner submits
that the petitioner had purchased the looted mobile and
he was not a party to the loot.
6. Considering the facts and circumstances of
the case, I am not inclined to grant bail to the petitioner.
Accordingly, this bail application is rejected.
3. It has been submitted by the learned counsel for the
petitioner that petitioner has clean antecedent and he is custody
since 09.07.2025. Learned counsel further submits that till now
charges have not been framed.
4. Considering the gravity of offence, this Court finds
no ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the concerned court below to expedite the trial
and frame the charges at the earliest.
(Sandeep Kumar, J)
tusharika/-
U T
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