Patna High Court
Sunil Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
Checking your session…