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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the petitioner is not entitled to pre‑arrest bail.

Summary

The petitioner, Sunny Kumar, sought pre‑arrest bail after learning that he was being implicated in a case under Section 310(2) of the B.N.S., although his name was not originally mentioned in the FIR. The prosecution alleged that six unknown persons, during a robbery of an informant, stole cash, a mobile phone and documents, and later recovered looted motorcycles and a PAN card linked to the informant. The petitioner’s counsel argued that he was innocent, not named in the FIR, and that no material was recovered from his possession. The State’s counsel contended that the petitioner was involved in the loot and that evidence of recovered items implicated him. The court, considering the seriousness of the accusation and the circumstances, rejected the petitioner's prayer for pre‑arrest bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case under Section 310(2) of the B.N.S.
  • Whether the fact that the petitioner was not named in the FIR but later implicated affects his right to bail

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 310
  • B.N.S.
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82839 of 2025
                  Arising Out of PS. Case No.-437 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Sunny Kumar S/o Jitendra Yadav Resident Of Village - Garai Bigha, Ps-
                 Ghosi, Dist- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nityanand Neeraj, Advocate
                 For the Opposite Party/s :      Mr. Lalan Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 310(2) of B.N.S.

                                3. As per the prosecution case, when informant

                   reached at Ghanshyam Bigha after delivering 52 gas cylinders,

                   six unknown miscreants snatched cash, mobile phone along

                   with other documents from the possession of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the FIR. His name transpired during

                   the course of investigation. Petitioner is innocent and has falsely

                   been implicated in this case. Nothing has been recovered from

                   the possession of the petitioner.

                                5. Learned counsel for the State opposes the prayer

                   for bail and submits that petitioner is involved in the occurrence
           Patna High Court CR. MISC. No.82839 of 2025(2) dt.05-01-2026
                                                       2/2




                     of loot of money and on the disclosure looted motorcycles and

                     pan card of informant were recovered.

                                  6. Considering the nature of accusation and other

                     circumstances of case, prayer for pre-arrest bail of the petitioner

                     is rejected.



                                           (Prabhat Kumar Singh, J)
shivam/-

U      T


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