Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
Sunny Kumar was arrested in February 2025 and charged under Section 309(2) of the B.N.S. and Section 27 of the Arms Act in Ghorasahan P.S. Case No. 40 of 2025. He filed a regular bail petition, the second after a prior rejection in August 2025. The petitioner argued that the charge was framed in August 2025, no prosecution witnesses had been examined, the trial was unlikely to conclude soon, and he had no prior criminal record. The State opposed bail. Considering the lack of antecedents, the prolonged custody, and the pending trial, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding local bailors and cooperation with the trial. The bail was granted with a warning that failure to appear on two consecutive dates could lead to cancellation.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Section 309(2) of the B.N.S. and Section 27 of the Arms Act
- Whether the circumstances of prolonged custody and lack of trial progress justify bail
Legislation cited
Subjects
- regular bail
- Section 309
- Arms Act
- judicial custody
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22341 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Sunny Kumar Son of Shiv Pujan Sah @ Shiv Poojan Prasad Resident of
Village - Jhajhara, P.S. - Jitna, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Ghorasahan P.S. Case No. 40 of 2025 for the offences registered
under Section 309(2) of the B.N.S. and Section 27 of Arms Act.
3. This is the second bail petition filed on behalf of
the petitioner. Earlier, the bail petition of the petitioner was
rejected by this Court, vide order dated 11.08.2025 passed in Cr.
Misc. No. 51320 of 2025.
4. Learned counsel for the petitioner submits that
charge has been framed in this on 06.08.2025 but till date no
witnesses have been examined on behalf of prosecution. Trial is
not likely to be concluded in near future. Petitioner is in judicial
custody since 06.02.2025. Petitioner has no criminal antecedent.
He undertakes to co-operate in the trial.
Patna High Court CR. MISC. No.22341 of 2026(2) dt.03-04-2026
2/2
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, period of custody
and petitioner has no criminal antecedent, let the petitioner,
named above, be enlarged on bail upon furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Sub-divisional
Judicial Magistrate, Sikarhana at Dhaka, East Champaran,
Motihari in connection with Ghorasahan P.S. Case No. 40 of
2025, subject to the following conditions:-
(I) Bailors should be local having sufficient
immovable property within the jurisdiction of the Court
concerned.
(II) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and on failure on two consecutive dates without sufficient
reason, the trial Court may cancel the bail of the petitioner.
(Sunil Dutta Mishra, J)
rakhi/-
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