Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the case is not a fit one for grant of anticipatory bail and dismissed the application.
Summary
The petitioner, Sanni Kumar, sought anticipatory bail in connection with a criminal case (PS Case No. 389 of 2024) involving alleged offences of rape, murder and conspiracy under Sections 376, 302 and 201/34 of the IPC. During the hearing, the Investigating Officer claimed she had taken charge after leave but the charge was not recorded by the SHO, leading to her suspension for not producing the case diary. The court examined the prosecution's claim that the deceased's body had been recovered and that the petitioner was implicated. Considering the seriousness of the offences and the procedural irregularities, the court concluded that the matter was not suitable for anticipatory bail. Consequently, the anticipatory bail application was dismissed, with a direction that if the petitioner surrenders within six weeks, a regular bail application may be considered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged rape, murder and conspiracy.
- Whether the non‑production of the case diary and the suspension of the Investigating Officer affect the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 376
Subjects
- anticipatory bail
- Indian Penal Code
- rape
- murder
- conspiracy
- bail jurisprudence
- case diary
- suspension of investigating officer
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85114 of 2025
Arising Out of PS. Case No.-389 Year-2024 Thana- AMARPUR District- Banka
======================================================
Sanni Kumar Son of Arvind Yadav Resident of Village- Bari Govindpur, P.S.-
Dharhara, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate
For the State : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Amarpur P.S. Case No. 389 of 2024 instituted under
Sections 376, 302 and 201/34 of the Indian Penal Code.
3. This case was heard yesterday also. The SHO of
Amarpur Police Station, Banka and the I.O. of the case had
appeared. They were directed to appear because the case diary
was not sent by them.
4. During course of hearing, it was pointed by the
I.O. of the case that she had given her charge after taking leave
but the charge was not taken by the concerned SHO and
because of the non-production of the case diary, she has been
suspended.
Patna High Court CR. MISC. No.85114 of 2025(5) dt.26-03-2026
2/2
5. It is for the superior authorities to consider the
contention of the I.O. and if is found that the I.O. is not at fault,
she should not unnecessarily be made to suffer.
6. So far as the present case is concerned, as per the
prosecution, the dead body of the deceased was recovered and
the involvement of the petitioner has come in the crime.
7. In the facts of the present case, this is not a fit case
for grant of anticipatory bail.
8. Accordingly, this application is dismissed.
9. If the petitioner surrenders within six weeks from
today and prays for regular bail, the same shall be considered
by the Court below in accordance with law without being
prejudiced by the present order.
(Sandeep Kumar, J)
P. Kumar
U T
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