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Patna High Court

Shanny Kumar @ Sanni Kumar @ Sanni Kumar SinghversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant bail to the petitioner, directing the trial court to expedite the trial.

Summary

Shanny Kumar was arrested on 20 January 2024 in connection with a murder case (S.Tr.No.995 of 2025) under IPC sections 302, 120(B) and 34. He had previously applied for bail, which was rejected, and a subsequent application was withdrawn, allowing him to file a fresh petition. The petitioner claimed the FIR was false and fabricated, while the State argued that the FIR specifically alleged he fired at the deceased, who later died, and that medical evidence supported the charge. The trial court had examined four of six prosecution witnesses, with the trial still pending. Considering the seriousness of the allegations, the supporting medical evidence, and the stage of the trial, the High Court refused bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether the petitioner is entitled to bail under Section 439 of the Criminal Procedure Code given the nature of the offences (IPC 302, 120(B), 34) and the stage of the trial.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Criminal Procedure Code
  • trial stage
  • fabricated FIR
  • East Champaran
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81374 of 2025
                   Arising Out of PS. Case No.-24 Year-2024 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Shanny Kumar @ Sanni Kumar @ Sanni Kumar Singh S/O Satendra Singh
                 Resident of Village-Haraj,P.S.-Shikarganj,District-East Champaran,Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   13-02-2026                  Heard Mr.Sharda Nand Mishra, learned counsel for

                   the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   20.01.2024 in connection with S.Tr.No.995 of 2025 arising out

                   of Chiraiya (Shikarganj) P.S. Case No. 24 of 2024, F.I.R. dated

                   19.01.2024 registered for the offence punishable under Sections

                   302,120(B),34 of the Indian Penal Code.

                                3. Earlier the prayer for bail of the petitioner was

                   rejected by this Court vide order dated 27.01.2025 passed in Cr.

                   Misc. No. 87040 of 2024. Thereafter, the petitioner has again

                   moved before the Court for renewing his prayer for bail but the

                   bail petition of the petitioner bearing Cr.Misc. No. 51562 of

                   2025 has been dismissed as withdrawn by order order dated
Patna High Court CR. MISC. No.81374 of 2025(3) dt.13-02-2026
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          25.07.2025 with liberty to move a fresh application before the

          learned court below. Thereafter, the petitioner has filed the

          present bail petition.

                       4. Learned counsel appearing for the petitioner

          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR.

                       5. Learned APP for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that from a bare perusal of the FIR it appears that there

          is direct and specific allegation against the petitioner that he has

          fired upon the deceased and he died during his treatment.

                       6. Vide order dated 22.12.2025, a report was called for

          with regard to the stage of the trial. Report of the learned Trial

          Court dated 19.01.2026 reveals that out of six chargesheet

          witnesses, four prosecution witnesses have been examined and

          the case is pending for examination of rest of two prosecution

          witnesses.

                       7. Considering the nature of allegation against the

          petitioner in the FIR which is supported by the medical evidence

          as well as report of the learned Trial Court, I am not inclined to

          enlarge the petitioner on bail in connection with S.Tr.No.995 of
               Patna High Court CR. MISC. No.81374 of 2025(3) dt.13-02-2026
                                                           3/3




                         2025 arising out of Chiraiya (Shikarganj) P.S. Case No. 24 of

                         2024 pending in the court of learned Judicial Magistrate-1st

                         Class, Sikarahna at Dhaka, East Champaran, Motihari.

                                      8. Prayer is refused.

                                      9. However, the learned Trial Court is directed to

                         expedite the trial and conclude the same at the earliest.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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