Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 3(5)
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
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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
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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
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