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Patna High Court

Sunny Kumar @ Sanni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to bond and conditions, as the prosecution has not produced material beyond a confessional statement.

Summary

Sunny Kumar was arrested in connection with a robbery and hostage‑taking at a Tanishq showroom, alleged to have been involved in arranging a stolen motorcycle and weapons. He applied for bail, contending that his name does not appear in the FIR and that the only link to him is a confessional statement of a co‑accused. The prosecution argued that the confessional statement and the case diary implicate him, and highlighted his antecedent of eight cases. The court observed that no substantive material beyond the confessional statement was produced and that the petitioner’s non‑inclusion in the FIR weakens the prosecution’s case. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent without delaying bail.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Sections 310(2) and 111(2) of the Bihar Penal Code despite being implicated only through a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • antecedent
  • robbery
  • hostage taking
  • Section 310
  • Section 111

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84107 of 2025
                     Arising Out of PS. Case No.-171 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Sunny Kumar @ Sanni Kumar Son of Akhilesh Rai R/o Village - Majholi,
                 P.S. - Vidupur, Dist. - Vaishali.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   25-03-2026                         Heard Mr. Aman Kumar Singh, learned counsel

                   for the petitioner and Mr. Amitesh Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.03.2025 in connection with Ara Town P.S. Case No. 171 of

                   2025 for the offences punishable under Sections 310(2) and

                   111(2) of BNS.

                               3. The prosecution story, in brief, is that on 10.03.2025

                   informant Vinod Kumar, employed as Assistant Store Manager

                   of Tanishq Showroom, at about 10:21 A.M. noticed two accused

                   persons entered the store posing like customer interested to buy

                   a ring. After 3-4 minutes, three other accused persons entered by

                   overpowering the security guard and gunmen and seized their

                   weapons. Staffs on the ground floor were taken as hostage at
Patna High Court CR. MISC. No.84107 of 2025(5) dt.25-03-2026
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          gunpoint. Two other criminals then entered and started looting

          jewelleries on the first floor of the showroom. One female staff

          who attempted to call for help was abused and her phone was

          taken by them. Then one another female staff escaped the first

          floor and alerted the second-floor staff about the loot but

          accused persons followed her to the second floor and made loot

          in both floors. One staff got injury on his head by the butt of the

          pistol in course of protest. Accused has made loot of total 678

          jewellery of value Rs. 10,09,59,820 (Ten Crores Nine Lakhs

          Fifty Nine Thousand Eight Hundred and Twenty Only) and Rs.

          31,968 (Thirty One Thousand Nine Hundred and Sixty Eight

          Only) in cash.

                      4. Learned counsel for the petitioner submits that

          petitioner is not named in the FIR and name of the petitioner has

          transpired during the investigation on the basis of confessional

          statement of co-accused Gautam Kumar. Learned counsel for

          the petitioner further submits that except the confessional

          statement of co-accused, no cogent material has come during the

          course of investigation to suggest the involvement of petitioner

          in the present occurrence. It is further submitted that co-accused

          person namely, Pritam Kumar @ Chhota @ Chhotu has been

          granted bail vide order dated 22.01.2026 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.84107 of 2025(5) dt.25-03-2026
                                            3/4




          62695 of 2025 by a Coordinate Bench of this Court. It is next

          submitted that police after investigation has submitted charge-

          sheet and petitioner is in custody since 10.05.2025.

                      5. The learned Additional Public Prosecutor for the

          State, on the other hand, has vehemently opposed the prayer for

          bail of the petitioner and submits that name of the petitioner has

          transpired during investigation on the basis of confessional

          statement of co-accused namely, Gautam Kumar and from

          perusal of the case diary it appears that the petitioner has

          arranged the stolen motorcycle and weapons for committing the

          crime in question. It is next submitted that petitioner has

          antecedent of eights cases out of which petitioner is on bail in

          seven cases.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned

          Additional Sessions Judge-1st, Bhojpur at Ara in connection

          with Ara Town P.S. Case No. 171 of 2025, subject to the

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
           Patna High Court CR. MISC. No.84107 of 2025(5) dt.25-03-2026
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                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be canceled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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