Patna High Court
Sanni Kumar @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Sanni Kumar was arrested in connection with a motorcycle theft alleged under Section 309(4) of the BNS, where the FIR named unknown miscreants. The petitioner claimed innocence, noting that no material evidence such as recovery of the stolen vehicle or a Test Identification Parade was conducted, and that the only incriminating material was a confessional statement given in a separate case. He had been in judicial custody since 14 October 2025 and faced opposition to bail on the ground of two prior criminal cases. The State argued against bail, while the petitioner’s counsel highlighted the lack of direct evidence and the grant of bail to a co‑accused in a similar case. Considering these circumstances, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case under Section 309(4) of the BNS in the absence of material evidence against the accused.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Subjects
- bail
- criminal procedure
- motorcycle theft
- confessional statement
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22512 of 2026
Arising Out of PS. Case No.-354 Year-2025 Thana- MOKAMAH District- Patna
======================================================
Sanni Kumar @ Sunny Kumar, Son of Shivjee Yadav @ Shivaji Yadav,
Resident Of Mohalla- Pahari Gachhy, Ward No 45, P.S.- Muphasil (Mufassil),
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mokama P.S. Case No. 354 of 2025, registered for the
offence punishable under Section 309(4) of the BNS.
3. The case of the prosecution, in short, is that three
unknown miscreants allegedly snatched the motorcycle of the
informant at gunpoint.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has
committed no offence. The FIR was lodged against unknown
miscreants and during the course of investigation, he was
remanded from Mokama P.S. Case No. 362 of 2025 wherein he
Patna High Court CR. MISC. No.22512 of 2026(2) dt.17-04-2026
2/2
has given his confessional statement. Save and except the
confessional statement, there is nothing against him. No
recovery was made from his possession and no Test
Identification Parade (TIP) was conducted. It has also been
submitted that similarly situated co-accused Mankush Kumar
has been granted bail by this Court vide Cr. Misc. No. 12478 of
2026. Moreover, petitioner is languishing in judicial custody
since 14.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer for bail and has submitted that
petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. Accordingly, the
above-named petitioner is directed to be enlarged on bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
only) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-III, Barh, Patna, in
connection with Mokama P.S. Case No. 354 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…