Patna High Court
Sunny @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified monetary and procedural conditions.
Summary
Sunny Kumar was implicated in a case arising from a road‑accident disturbance where relatives allegedly damaged the police station and injured staff, leading the chowkidar to identify him. He contended he was merely a passerby with no prior criminal record and offered to pay Rs.2,000 to the Chief Minister’s Relief Fund. The State opposed, relying on the chowkidar’s identification. The High Court, noting the petitioner’s clean record, granted anticipatory bail conditioned on payment of the Rs.2,000, a bail bond of Rs.10,000 with two sureties, and several compliance requirements such as regular police station attendance and non‑interference with witnesses. The order stipulated that bail would be effective if the petitioner is arrested or surrenders within four weeks. The court’s decision reflects a balance between protecting the petitioner’s liberty and ensuring cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s willingness to pay a sum to the Chief Minister’s Relief Fund can be imposed as a condition for bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(2), 324(4), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- no criminal antecedent
- relief fund condition
- bail bond
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27791 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- PUNPUN District- Patna
======================================================
Sunny @ Sunny Kumar Son of Vinod Paswan R/O Village- Pothahi, P.S.-
Punpun (Kewra), Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Punpun P.S. Case No. 355 of 2025 registered
for the offence under Sections 126(2), 127(2), 115(2), 109(1),
191(2), 190, 132, 121(1), 121(2), 324(4) and 3(5) of the
Bharatiya Nyaya Sanhita, lodged on 06.12.2025 by the
informant, Deepak Kumar Singh.
3. As per the prosecution story, the informant alleged
that after a person died of road accident, as the Police reached
the place, the relatives and their associates not only raised
slogans and abused, pelted stones causing damage to the Punpun
Police Station as also the injuries to the Homeguard, Driver and
Chowkidar. The Chowkidar identified the accused which led to
the F.I.R., implication of this petitioner.
Patna High Court CR. MISC. No.27791 of 2026(2) dt.29-04-2026
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4. Learned counsel for the petitioner submits that he
was a passerby, got implicated, has no criminal antecedent.
Further submission is that without accepting the allegation or
outcome of the present petition the petitioner intends to pay
Rs.2,000/- by Demand Draft issued by the local branch of the
State Bank of India/any Nationalized Bank to the Chief
Minister’s Relief Fund.
5. Learned APP Mr. Jitendra Kumar Singh, opposes
the prayer submitting that the Chowkidar has named him.
6. Taking into account the submissions of the parties
as also the fact that the petitioner do not have criminal
antecedent, in that background, this Court is inclined to extend
him the privilege of anticipatory bail subject to payment of
Rs.2,000/- to the Chief Minister’s Relief Fund as undertaken by
the learned counsel for the petitioner through Demand Draft
issued by the local branch of the State Bank of
India/Nationalized Bank to be submitted at the time of
execution of the bail bond.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.27791 of 2026(2) dt.29-04-2026
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satisfaction of learned Sub-Divisional Judicial Magistrate,
Masaurhi, Patna, in connection with Punpun P.S. Case No. 355
of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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