Patna High Court
Sunny Paswan @ Sunny Kumar Paswan @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner upon the condition of a bail bond and sureties.
Summary
The petitioner, Sunny Paswan, applied for regular bail in a case registered under multiple sections of the Bhartiya Nyay Sanhita, 2023, alleging assault and misbehavior. The prosecution alleged that the petitioner, along with co‑accused, entered the informant’s house, assaulted the informant and his brother, and misbehaved with female members, with the accused being armed. The petitioner contended that the allegations were false, that he had been falsely implicated, and that he had been in custody since 22‑01‑2026, offering to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the Court considered the seriousness of the allegations and the duration of custody, and ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Gaya.
Issues considered
- Whether the petitioner is entitled to regular bail under the provisions of the Bhartiya Nyay Sanhita, 2023 despite the serious nature of the charges.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 74
Subjects
- regular bail
- criminal procedure
- false implication
- Bhartiya Nyay Sanhita
- bail bond
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29120 of 2026
Arising Out of PS. Case No.-1137 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Sunny Paswan @ Sunny Kumar Paswan @ Sunny Kumar S/O Bishundeo
Paswan @ Vishundev Paswan R/O Vill.- Bhadeja, P.s.- Muffasil, Dist.- Gaya
Jee
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Muffasil P.S. Case No.
1137 of 2025 registered under sections-126(2), 115(2), 329(3),
109, 117(2), 74, 303(2), 352, 351(2) and 3(5) of the Bhartiya
Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that the accused persons including the petitioner herein entered
house of the informant and co-accused Raju Paswan and Suraj
Paswan assaulted the informant and his brother. The petitioner is
said to have misbehaved with the lady members of the family
and having participated in the occurrence. All the accused were
variously armed.
Patna High Court CR. MISC. No.29120 of 2026(2) dt.06-05-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the case. The allegation
levelled against the petitioner is false and concocted. He is not
said to have assaulted either the informant or his brother. He is
in custody since 22-1-2026 and charge sheet has been submitted
in the case. He undertakes to cooperate in the investigation/trial.
5.This application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the F.I.R. together with the petitioner having
remained in custody since 22-1-2026, the Court directs the
petitioner to be enlarged on bail in connection with Muffasil P.S.
Case No. 1137 of 2025 on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Gaya Ji.
(Partha Sarthy, J)
A.K.V.//-
U T
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