Patna High Court
Sunny Kumar Singh @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner, Sunny Kumar Singh, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR alleged that co‑accused Vishnu Kumar and Abhishek Kumar, along with unknown persons, intercepted an informant and that Abhishek Kumar fired at the informant, injuring his knee. The petitioner contended that he was not named in the FIR, his name only emerged during investigation, and he maintains a clean antecedent, asserting his innocence. The State opposed the bail application. Considering the nature of the allegations, the petitioner’s clean record, and the fact that he is not a named accused in the FIR, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but whose name surfaced during investigation.
- Whether the nature of the offences and the petitioner’s clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 126(2), 292, 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- clean antecedent
- FIR
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.189 of 2026
Arising Out of PS. Case No.-653 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Sunny Kumar Singh @ Sunny Kumar Son of Dilip Singh R/O- New Karman
Tola, P.S.- Ara Nawada, Dist- Bhojpur at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 109(1), 292,
352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27
of the Arms Act.
3. As per F.I.R., co-accused Vishnu Kumar and
Abhishek Kumar along with 3-4 unknown persons intercepted
informant and co-accused Abhishek Kumar fired upon the
informant which hit his knee.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.189 of 2026(2) dt.20-01-2026
2/2
the bail application.
6. Considering the nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Bhojpur at Ara in connection with Ara Nawada P. S. Case No.
653 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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