Patna High Court
Sunil Kumar @ Sunil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
The petitioner, Sunil Kumar, was arrested on 27 April 2026 in connection with a case involving alleged assault, robbery, and outraging modesty under several sections of the Bihar Negotiable Statutes (BNS). The FIR, based on the informant’s complaint, named three co‑accused, and the petitioner’s name was later added during investigation. The petitioner argued that he has a clean antecedent and was falsely implicated, contending that the specific assault allegations were directed at the co‑accused. The State opposed bail, citing the seriousness of the offences. The court, considering the petitioner’s clean record and the lack of direct allegation against him, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS.
- Whether the petitioner’s clean antecedent and the fact that he was not originally named in the FIR warrant bail.
Legislation cited
- Bihar Negotiable Statutes — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 76
Subjects
- bail
- criminal procedure
- clean antecedent
- assault
- robbery
- outcry of modesty
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40737 of 2026
Arising Out of PS. Case No.-333 Year-2026 Thana- BIHTA District- Patna
======================================================
Sunil Kumar @ Sunil Rai s/O Jay Prakash Rai @ Jay Prakash Narayan @ Jay
Prakash Singh R/O Village- Gulam Ali Chak, P.S- Bihta, Distt.- Patna (Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
: Mr. Abhay Kumar Singh
: Mr. Akash Kumar Mishra
For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P.
For the Informant : Mr. Sanjay Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard learned Senior Counsel for the petitioner,
learned counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.04.2026 in connection with Bihta P.S. Case No. 333 of 2026
for the offences punishable under Sections 126(2), 115(2), 109,
303(2), 76, 352, 3(5) of the BNS.
3. That prosecution case is based on the typed
application of the informant namely Sanju Kumari alleging
therein that her husband namely Vishwanath Pratap Singh and
Dewar namely Rahul were present in her home and on
30.03.2026 at about 08.15 Hrs. co-accused Shankar Yadav,
Patna High Court CR. MISC. No.40737 of 2026(2) dt.29-06-2026
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Avinash Yadav @ Harendra and Prince Kumar along 04 to 05
unknown persons arrived to her house with deadly weapons and
started to abuse, and they entered into the house and committed
misbehave with her and snatched her Sari to outrage her
modesty. In the meanwhile, her husband and dewar came to
rescue, then they brutally assaulted them by means of iron-rod
and lathi, causing fracture of head of her Dewar and he became
faint and fell down on the ground. Further she alleged that when
she and her children raised alarm, then they also snatched her
Mangal Sutra and golden chain and they also took away the
Splender motorcycle of her Dewar. On hearing alarm, the local
people arrived and saved them, and they took her husband and
Dewar at the clinic of Dr. Lalit Mohan Sharma. Accordingly, an
F.I.R. has been instituted against 03 named accused persons
along with 04-05 unknown persons in the concerned police
station.
4. Learned Senior Counsel for the petitioner submits
that petitioner has clean antecedent and he has falsely been
implicated in the present case. It is next submitted that from
bare perusal of the FIR it appears that specific allegation of
assault is attributed against the co-accused persons, namely,
Shankar Yadav, Avinash Yadav and Prince Kumar. It is next
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submitted that initially the petitioner was not named in the FIR
and the name of the petitioner has transpired during the course
of investigation on the basis of reinstatement of the injured
person, namely, Vishwanath Pratap Singh who has stated that
petitioner has also participated in the present crime in question
but the specific allegation of assault is against one co-accused
Ravishankar Yadav.
5. The learned Additional Public Prosecutor for State
and learned counsel for the informant have vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-II, Danapur or its available successor
court in connection with Bihta P.S. Case No. 333 of 2026,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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