Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to the petitioner.
Summary
Sunny Kumar was arrested in connection with a case alleging offences under Sections 126(2), 115(2), 329(4), 352, 351(2) and 76 of the Bharatiya Nyaya Sanhita, 2023, including outraging modesty, assault and threats. The petitioner claimed innocence, alleging that village politics had implicated him and that the alleged victim was older, making the alleged assault implausible. The State opposed the petition for anticipatory bail, arguing the defence was not credible. The court examined the allegations and the petitioner's arguments and found no sufficient ground to grant bail. Consequently, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 329(4), 351(2), 352, 76
Subjects
- anticipatory bail
- criminal law
- assault
- outraging modesty
- Bharatiya Nyaya Sanhita
- bail denial
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5004 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- Banshi District- Arwal
======================================================
Sunny Kumar S/O Ramashish Singh @ Ramashish Yadav Resident of village
- Munga Bigha, P.S - Banshi, Dist.- Arwal
... ... Petitioner/s
Versus
1. The State of Bihar
2. Usha Kumari W/O Noulesh Kumar Resident of village - Mangabigha, P.S -
Banshi, Dist.- Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Banshi P.S. Case No. 99 of 2025 lodged on 25.11.2025, for
the offence punishable under Sections 126(2), 115(2), 329(4),
352, 351(2) & 76 of the Bharatiya Nyaya Sanhita, 2023,
pending in the Court of C.J.M., Arwal.
3. As per the prosecution, FIR has been lodged against
the sole petitioner with allegation that when the informant went
for natural call at night, then the petitioner came and tried to
outrage the modesty of the informant. Thereafter, the petitioner
went to the house of the informant with iron rod and abused her
and also threatened her. Upon oppose, the petitioner assaulted
the informant and her father in law and mother in law.
Patna High Court CR. MISC. No.5004 of 2026(2) dt.04-02-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that due to village politics, name of petitioner has
figured in this case. Counsel further take defence by submitting
that the informant is aged about 27 years and the petitioner is
aged about 23 years, so it is unbelievable that a person who is
23 years old can attack a person who is 27 years old. Counsel
further submits that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the defence which has
been taken by counsel for the petitioner is not plausible. From
the record, it transpires that the point raised by the petitioner is
not acceptable to this Court.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner is hereby
rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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