Patna High Court
Sanni Kumar @ Shani Kumar @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 142, 143, 183, 87
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
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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
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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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