Created by Fuzzy Cloud

Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

Sunny Kumar was arrested in connection with a case of dismantling a stolen motorcycle and charged under Sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence and a clean antecedent, and had been in custody since 3 December 2025. The State opposed the bail on the seriousness of the offences. The High Court considered the nature of the allegations, the period of custody and the petitioner’s clean record, and allowed the bail application. The court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to attendance at the police station every Sunday, regular appearance in trial, and verification of his antecedents. The order is prima facie and does not prejudice the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with offences under Sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • theft
  • motorcycle dismantling
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19877 of 2026
                         Arising Out of PS. Case No.-896 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Sunny Kumar S/O Raman Singh Village- Mahammadpur, Kothiya, P.S.-
                 Didarganj, Distt.- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad
                 For the Opposite Party/s :       Mr. Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Fatuha P.S. Case No. 896 of 2025 registered for the offence

                   under Section(s) 303(2), 317(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner was

                   found at a scrap shop along with others and was allegedly

                   engaged in dismantling a stolen motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 03.12.2025 and claims clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.19877 of 2026(2) dt.01-04-2026
                                            2/3




          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the nature of the allegation and the period of custody, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Fatuha P.S. Case

          No. 896 of 2025 subject to conditions that:-

                                              (i). The petitioner will mark his
                                  attendance at the Didarganj Police Station
                                  on every Sunday of each month. Any default
                                  in appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioner.
                                             (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                                            (iii). At the time of accepting the
                                  bail bonds of the petitioner, the Court below
                                  shall verify the fact whether the petitioner
                                  has clean antecedent or not. If it is found
                                  that the petitioner has clean antecedent then
                                  only his bail bonds shall be accepted by the
                                  Court below. However, it is made clear that
                                  the acceptance of bail bonds in terms of the
                                  above-mentioned order shall not be delayed
            Patna High Court CR. MISC. No.19877 of 2026(2) dt.01-04-2026
                                                        3/3




                                              for purpose of or in the name of verification.
                                   8. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.