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Patna High Court

Sanni Kumar @ Shani Kumar @ Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sanni Kumar, was arrested in connection with alleged kidnapping of an informant's daughter under Sections 87, 142 and 143 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the victim was abducted, while the petitioner contended that he was falsely implicated and that the victim had attempted suicide, which he prevented. He has a single prior criminal case from 2011 and has been in custody since 15 May 2025. The petitioner sought bail, arguing lack of involvement and citing that co‑accused had already been granted bail. The Court, after hearing both sides, granted bail on a Rs.10,000 bond with two sureties and imposed conditions including regular court appearances and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner accused of kidnapping under the Bharatiya Nyaya Sanhita, 2023 despite a prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • kidnapping
  • criminal antecedent
  • Bharatiya Nyaya Sanhita
  • false implication
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84250 of 2025
                   Arising out of PS. Case No.-49 Year-2025 Thana- SONHAN District- Kaimur (Bhabua)
                 ======================================================
                 Sanni Kumar @ Shani Kumar @ Sunny Kumar Son of Devendra Singh
                 Resident of Village- Bahapura, P.S.- Bihta, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Kumar Sunil, Advocate
                                                  Mr. Saharsh Subham, Advocate
                                                  Mr. Utkarsh Shandilya, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

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

                   learned Additional Public Prosecutor for the state.

                                 2. The petitioner seeks bail in a case instituted for the

                   offences under Section 87 of the Bharatiya Nyaya Sanhita,

                   2023 and later on Sections 142 and 143 of the Bharatiya Nyaya

                   Sanhita, 2023. He has one criminal antecedent.

                                 3. As per the prosecution case, the daughter of the

                   informant had gone out from the house to study but she did not

                   return, however, despite hectic search she could not be located.

                   It has further been alleged that the informant's daughter used to

                   talk on phone with a particular number and suspicion has been

                   raised that the owner of the said number had kidnapped his

                   daughter.
           Patna High Court CR. MISC. No.84250 of 2025(2) dt.05-01-2026
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          4. Learned counsel for the petitioner submits that the

petitioner has falsely been implicated in this case rather his

stand is vindicated by the fact that the victim, in her statement

made under Section 183 BNSS, stated that she had gone to

commit suicide at the railway station and it was the petitioner

who had saved her and took her to the house of co-accused

Sarita Devi and then to Haryana where she insisted to marry

with one Mohan Kumar.               It is further submitted that the

petitioner has nothing to do with the aforesaid incident and in

fact he had saved the victim girl from committing suicide. It is

also submitted that the co-accused Sarita Devi and Mohan

Kumar have already been granted bail by Co-ordinate Benches

of this Court and the same has been brought on record by way

of Annexure-P/2 and P/3 respectively. It is lastly submitted that

the petitioner has one antecedent, i.e., Bihta P.S. Case No. 10 of

2011 and he is in custody since 15.05.2025.

          5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner and

has submitted that the petitioner was involved in kidnapping of

the victim girl as such he should not be released on bail.

          6. Considering the aforesaid submissions of learned

counsel and taking into account the fact that the petitioner is in
           Patna High Court CR. MISC. No.84250 of 2025(2) dt.05-01-2026
                              3/4




custody since 15.05.2025, the petitioner above named, is

directed to be released on bail on furnishing bail-bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Kaimur, Bhabhua in connection with Sonhan P.S.

Case No. 49 of 2025, subject to the the following conditions:-

                         (i) One of the bailors will be a

         close relative of the petitioner.

                         (ii) The petitioner will remain

         present on each and every date fixed by the

         Court below, if so required by the learned Trial

         Court.

                         (iii) In case of absence on two

         consecutive dates or in violation of the terms of

         the bail, the bail bond of the petitioner will be

         liable to be canceled by the Court concerned.

                         (iv) And further condition that the

         court below shall verify the criminal antecedent

         of the petitioner except one aforementioned

         case and in case at any stage it is found that the

         petitioner has concealed his criminal an-

         tecedent, the court below shall take step for can-
                       Patna High Court CR. MISC. No.84250 of 2025(2) dt.05-01-2026
                                          4/4




                     cellation of bail bond of the petitioner. How-

                     ever, the acceptance of bail bonds in terms of

                     the above-mentioned order shall not be delayed

                     for purpose of the same or in the name of verifi-

                     cation.

                     7. It is made clear that the observations, if any, made

           in this order, shall be of no bearing during the trial.

                     8. In view of the antecedents of the petitioner, the

           petitioner is directed to appear before the Superintendent of

           Police, Kaimur at Bhahua within fifteen days of his release with

           a copy of this order and every two weeks thereafter for the next

           nine months. The conduct of the petitioner will be kept under

           watch in this period by the Superintendent of Police concerned

           and if it is found wanting in any respect, a report shall be made

           to the court concerned by him to initiate a proceeding for

           cancellation of bail for reasons of misuse of bail. After reporting

           to the Superintendent of Police, a certificate will be filed by the

           petitioner before the court concerned.



                                        (Sourendra Pandey, J)
Vikash/-

U      T


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