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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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