Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, finding no ground to review its earlier order.
Summary
Sunil Kumar was arrested in connection with a kidnapping and murder case (PS Case No. 337 of 2025) and charged under Sections 103(1), 140(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he was a contract killer who received Rs. 50,000 for the killing, and the vehicle used in the crime was recovered. The petitioner applied for regular bail for the second time, claiming the account involved belonged to his brother and that he was not involved in the crime. The trial had already commenced and one witness had been examined. The Court held that there were no sufficient grounds to revisit its earlier order and dismissed the bail application, emphasizing that its observations were only prima facie and would not affect the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the alleged offences and the progress of the trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 140(1), 238, 61(2)
Subjects
- bail
- contract killing
- criminal procedure
- Bharatiya Nyaya Sanhita
- serious offence
- trial progress
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10851 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Sunil Kumar S/o Dukhan Yadav @ Dukhan Prasad Yadav R/o Village-
Gopalpur Math, P.S- Masaurhi, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumay Madhup
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 03-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Jehanabad P.S. Case No. 337 of 2025
registered for the offence under Sections 103(1), 140(1), 238
and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier the bail application of the petitioner was
rejected on 30.07.2025 in Cr. Misc. No. 45160 of 2025 which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Jehanabad P.S. Case No. 337 of
2025 registered for the offence punishable under
Sections 103(1), 140(1), 238 and 61(2) of the
Bharatiya Nyaya Sanhita.
3. The deceased was kidnapped while
Patna High Court CR. MISC. No.10851 of 2026(3) dt.03-04-2026
2/2
going to the Court in a Xylo vehicle.
4. Learned counsel for the petitioner
has submitted that the account belonges to his
brother and not to him and therefore he is not
involved in the crime. The petitioner is in
custody since 03.05.2025.
5. The vehicle was recovered and
during investigation, the name of the petitioner
has come as havingtaken contract for killing the
deceased and Rs. 50,000/- was transferred in his
account.
6. Considering the fact that the
petitioner is a contract killer and he has
accepted Rs. 50,000/- for killing the deceased, I
am not inclined to grant bail to the petitioner.
7. Accordingly, the application stands
dismissed.
4. The Trial has started and one witness has been
examined. This Court finds no ground to review its earlier order.
Accordingly, this application for regular bail stands rejected.
5. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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