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Patna High Court

Sunil Kumar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner upon furnishing a bail bond and sureties, subject to conditions of cooperation and availability.

Summary

The petitioner, Sunil Kumar Sahni, was arrested in connection with a theft and robbery case (Mathurapur P.S. Case No. 02 of 2025) alleged under Section 310(2) of the BNS. The prosecution alleged that five unknown persons armed with pistols stole cash and a gold chain, but the petitioner was not named in the FIR and no material was recovered from him. The petitioner’s counsel argued that, similar to co‑accused who had already been granted bail, there was no justification to keep him in custody. The State opposed the bail application. The Court, after considering the facts, ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount and directed his release, subject to his cooperation and availability for trial.

Issues considered

  • Whether the petitioner, who is not named in the FIR and against whom no material has been recovered, is entitled to regular bail under Section 310(2) of the BNS.

Legislation cited

  • BNS — s. 310(2)

Subjects

  • regular bail
  • Section 310(2)
  • BNS
  • FIR
  • co‑accused
  • surety
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69450 of 2025
                      Arising Out of PS. Case No.-2 Year-2025 Thana- Mathurapur District- Samastipur
                 ======================================================
                 Sunil Kumar Sahni S/O Late Rajdeo Sahni Resident of Village- Korbadha
                 Ward No. 38, P.S.- Muffasil, District- Samastipur.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shanti Bhushan Singh
                 For the Opposite Party/s :        Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   13-01-2026                     Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Mathurapur P.S. Case No. 02 of 2025, registered for the

                   offences punishable under Sections 310(2) of the BNS.

                                3. As per the prosecution case, five unknown persons

                   entered the shop of the informant armed with pistols, committed

                   theft, took away Rs. 65,000/- in cash and snatched a gold chain

                   worth Rs. 75,000/-.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is not named in the FIR. Nothing was

                   recovered from his possession. No TIP has been conducted till

                   date. He has further submitted that, on exactly similar footing,

                   co-accused persons, namely, Rajiv Yadav @ Rajiv Kumar @
           Patna High Court CR. MISC. No.69450 of 2025(2) dt.13-01-2026
                                                       2/2




                     Neeraj and Rajnish Kumar @ Jyoti, have been granted bail by a

                     co-ordinate Bench of this Court. The petitioner has been in

                     custody since 20.01.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release

                     the petitioner on bail on furnishing bail bonds of Rs.10,000/-

                     with two sureties of the like amount each to the satisfaction of

                     learned Addl. Sessions Judge-VIII, Samastipur in connection

                     with Mathurapur P.S. Case No. 02 of 2025, subject to the

                     following conditions that the petitioner shall cooperate in the

                     disposal     of trial and       make himself available as and when

                     required by the court.

                                  7. The petitioner shall cooperate in the disposal of

                     trial and make himself available on each and every date till

                     conclusion of the trial.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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