Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Sunny Kumar, applied for bail in a case registered under Section 308(2) of the Bihar Penal Code for allegedly kidnapping a staff member of an informant. The prosecution alleged that the petitioner abducted the victim, Md. Sultan, for monetary gain. The petitioner argued that the victim was later recovered, gave a statement under Section 183 of the Bihar Criminal Procedure Code that the kidnapping was motivated by a wage dispute, and that he has no prior criminal record, having been in judicial custody since 31.01.2026. The State opposed the bail. After hearing both sides, the High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 308(2) of the Bihar Penal Code.
- Whether the victim's statement under Section 183 of the Bihar Criminal Procedure Code impacts the bail decision.
- Whether the petitioner’s lack of prior criminal antecedent and the factual circumstances justify bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 183
- Bihar Penal Code — s. 308(2)
Subjects
- bail
- kidnapping
- Section 308
- Section 183
- criminal antecedent
- judicial custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31700 of 2026
Arising Out of PS. Case No.-102 Year-2026 Thana- DANAPUR District- Patna
======================================================
Sunny Kumar S/o Baiju Sah @ Baiju Prasad @ Biaju Saw R/o Village- New
Ambedkar Colony, Khad Par, Mahendru, P.S- Sultanganj, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishore, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Danpur P.S. Case No.102 of 2026 registered for the offence
punishable under Section 308(2) of the BNS.
3. The case of the prosecution, in short, is that the
petitioner has kidnapped one of the staff of the informant,
namely, Md. Sultan.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the order of the
learned trial court it is clear that the victim was recovered and
his statement was recorded under Section 183 of the BNSS
wherein he has stated that the petitioner has kidnapped him for
money. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.31700 of 2026(2) dt.12-05-2026
2/2
there is dispute between the informant and the petitioner
regarding some cash. As per the case of the prosecution the
petitioner was an employee of the informant and as he demands
the arrear of the wages, he has been framed in this case. It has
further been submitted that petitioner is having no criminal
antecedent and he is in judicial custody since 31.01.2026.
5. The application for bail is opposed by learned APP
for the State.
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. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
A.C.J.M.- I, Danapur(Patna) in connection with Danapur P.S.
Case No.102 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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