Patna High Court
Sunny Kumar @ Chhotu @ SunnyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the petitioner’s clean record and the victim’s statement showing voluntary departure, bail should be granted.
Summary
The petitioner, Sunny Kumar, was arrested in connection with a kidnapping case (PS Alanganj Case No. 381/2025) alleged under Sections 137(2) and 96 of the B.N.S. The prosecution claimed he abducted a girl, while the petitioner asserted his innocence, claiming he was falsely implicated and has no prior criminal record. The victim’s statement recorded under Section 183 of the B.N.S.S. indicated that she left her home voluntarily after a parental dispute. The petitioner’s counsel argued for bail, emphasizing the lack of antecedents and the victim’s voluntary departure, whereas the State opposed the bail. The court, after considering these facts, allowed the bail application, directing the petitioner to be released on a bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner is entitled to bail in the kidnapping case under Sections 137(2) and 96 of the B.N.S.
Legislation cited
Subjects
- bail
- kidnapping
- Section 137
- Section 96
- Section 183
- Patna High Court
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20123 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Sunny Kumar @ Chhotu @ Sunny S/o Vinay Prasad @ Ajay Saw @ Vinai
Prasad @ Ajay @ Chhotka Bathawa @ Chhotu Bathawa R/o Mohalla- Kali
Sthan, Dadar Mandi, P.S.- Alamganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Alanganj P.S. Case No. 381/2025 dated 08.04.2025 for the
offences punishable under Section 137(2) and 96 of the B.N.S.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case and he is in custody since 01.07.2025 and has no criminal
antecedent. The victim in her statement recorded u/s 183 of the
B.N.S.S. has stated that she left her house of her own when she
was chided by her parents.
Patna High Court CR. MISC. No.20123 of 2026(2) dt.01-04-2026
2/2
5. Learned APP appearing for the State opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. 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 the
learned A.C.J.M.,VI, Patna City in connection with Alanganj
P.S. Case No. 381/2025.
(Sandeep Kumar, J)
atul/-
U T
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