Patna High Court

Sunny KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the seriousness of the offence and the petitioner’s criminal antecedent warranted custody.

Summary

The petitioner, Sunny Kumar, was implicated in a robbery case where four unknown assailants allegedly looted Rs. 15,000 and a laptop from an informant. The petitioner’s name surfaced in the confessional statement of co-accused Manshu Kumar, who identified him as an associate. The petitioner, who has a prior criminal record, sought anticipatory bail under Section 309(4) of the Bharatiya Nyaya Sanhita, fearing arrest. The court examined the seriousness of the alleged offence, the petitioner’s criminal antecedent, and the evidentiary basis of the accusation. Considering the nature of the charge and the prior record, the court refused the anticipatory bail application, effectively dismissing the petition.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 309(4) of the Bharatiya Nyaya Sanhita given the nature of the alleged offence and his prior criminal antecedent?

Legislation cited

Bharatiya Nyaya Sanhita — s. 309(4)

Subjects

anticipatory bail
criminal antecedent
Section 309
robbery
confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85964 of 2025
                       Arising Out of PS. Case No.-470 Year-2024 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Sunny Kumar Son of Jitendra Yadav R/o Village - Garai Bigha, P.S.- 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. Binod Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offence punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per F.I.R., four unknown miscreants, on the

                   point of pistol, looted informant of Rs. 15,000/- and one laptop

                   while he was returning to his house on motorcycle, with his

                   cousin. Name of the petitioner surfaced during course of

                   investigation in confessional statement of co-accused Manshu

                   Kumar, who named this petitioner as one of his associates.

                   Petitioner has got one criminal antecedent.

                                4. Considering the nature of accusation and criminal

                   antecedent, prayer for anticipatory bail of the petitioner is
              Patna High Court CR. MISC. No.85964 of 2025(2) dt.07-01-2026
                                                          2/2




                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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