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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was rejected as no new ground was presented to warrant its reconsideration.

Summary

Sunny Kumar was arrested in connection with the murder of an informant's son and has been in custody since June 7, 2024. He filed a second bail application after the first was denied on May 13, 2025. The prosecution has examined only one witness and the petitioner argued that the trial is delayed and there is no prospect of a speedy conclusion. The court found that no new ground was raised to justify reconsideration of bail. Consequently, the bail plea was rejected. The court also directed the Senior Superintendent of Police, Patna, to ensure that all prosecution witnesses appear before the trial court and warned of personal appearance if compliance fails.

Issues considered

  • Whether the petitioner is entitled to bail despite the lack of new grounds and the delay in trial proceedings

Subjects

  • bail
  • criminal procedure
  • murder
  • witness production
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76162 of 2025
                         Arising Out of PS. Case No.-503 Year-2024 Thana- BIHTA District- Patna
                 ======================================================
                 Sunny Kumar Son of Dindayal Rai R/o Village - Bahpura, P.S. - Bihta, Dist. -
                 Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Yogesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   09-01-2026                  This is the second attempt of the petitioner to seek

                   bail from this Court as the prayer for bail was earlier rejected

                   vide order dated 13.05.2025 passed in Cr. Misc. No. 6253 of

                   2025.

                                2. As per prosecution case, the son of the informant

                   was murdered and name of the petitioner transpired during

                   investigation for being involved in the murder of the son of the

                   informant.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is in custody since 07.06.2024 and till date only one

                   prosecution witness has been examined and there is no

                   likelihood of early conclusion of trial.

                                4. Except for delay in the proceeding before the

                   learned trial court, no other new ground has been brought to the
            Patna High Court CR. MISC. No.76162 of 2025(3) dt.09-01-2026
                                                        2/2




                      notice of the Court to reconsider the prayer for bail of the

                      petitioner. Finding no new ground, the prayer for bail of the

                      petitioner is rejected.

                                   5. The Senior Superintendent of Police, Patna is

                      directed to ensure production of the prosecution witnesses on

                      each and every date before the learned trial court without fail

                      and if the witnesses are not produced as per directions of this

                      Court, the S.S.P. would be called to appear in person before this

                      Court to explain the circumstances.

                                   6. Let a copy of this order be sent to S.S.P., Patna on

                      his e-mail Id as well as through the Principal District Judge,

                      Patna.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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