Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Sanni Kumar, was arrested on 19 January 2026 in connection with a case registered under Sections 309(4) and 317(3) of the BNS. He was not named in the FIR; his name emerged only during investigation based on a co-accused's confessional statement, and no material was recovered from his possession. The petitioner sought bail, arguing the lack of a TIP and that he was not directly implicated. The State opposed bail, noting a separate pending case, though the petitioner was already on bail in that matter. The court observed that the petitioner’s name was not in the FIR, no TIP had been filed, and therefore granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is implicated through a co-accused's confessional statement.
- Whether the absence of a TIP (turning over of information) by the prosecution warrants bail.
- Whether the existence of another pending case or alleged criminal antecedent affects the grant of bail.
Legislation cited
- BNS — s. 309(4), 317(3)
Subjects
- bail
- FIR
- confessional statement
- TIP
- criminal antecedent
- Section 309(4) BNS
- Section 317(3) BNS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18602 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- HARNAUT District- Nalanda
======================================================
Sanni Kumar S/O Akhilesh Yadav R/O Village- Virmanwan, P.S- Harnaut,
District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Ms.Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr.Pramod Kumar Sinha,learned counsel for
the petitioner and Ms.Dr. Indiwar Kumari, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
19.01.2026 in connection with Harnaut P.S. Case No. 33 of
2026, F.I.R. dated 18.01.2026 registered for the offence
punishable under Sections 309(4) of BNS and subsequently
added Section 317(3) of the BNS.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Rajbabber
Patna High Court CR. MISC. No.18602 of 2026(2) dt.24-03-2026
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@ Chhotu. Further submits that the recovery has been made
from possession of co-accused person and nothing has been
recovered from conscious possession or the house of the
petitioner and till date no TIP has been conducted by the
prosecution and the petitioner is in custody since 19.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries one more case other than the present one but
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation and till date no TIP has been conducted by
the prosecution, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Nalanda at Biharsharif in
connection with Harnaut P.S. Case No. 33 of 2026, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation 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 or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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