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Patna High Court

Sunny Kumar @ SanamversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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