Patna High Court

Sanni KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Sanni Kumar, applied for regular bail in a case registered under sections 303(2), 317(3) and 317(4) of the Bharatiya Nyaya Sanhita. He contended that he was merely a passive participant, was taken to the scene by co‑accused, and that no incriminating material was recovered from him. He also highlighted his two prior convictions, his prolonged pre‑trial detention since 17‑06‑2025, and serious health issues including kidney disease. The State opposed the bail, but the court noted the lack of admissible evidence against the petitioner and the fact that a co‑accused with more serious antecedents had already been released on bail. Considering the petitioner’s health, economic condition and the comparative footing of his case, the court ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 303(2), 317(3) and 317(4) of the Bharatiya Nyaya Sanhita
Whether the petitioner’s health condition and lack of direct evidence justify granting bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 303(2), 317(3), 317(4)

Subjects

bail
criminal procedure
section 303
section 317
health considerations
pre‑trial detention
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87534 of 2025
                         Arising Out of PS. Case No.-446 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Sanni Kumar, Son of Late Ramdhin Choudhary @ Ramadhin Chaudhari,
                 Resident of Mohalla- Manpurba (Yarpur), P.S.- Hilsa, District- Nalanda
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar, Adv.
                 For the Opposite Party/s :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                      Heard Mr. Rajeev Kumar, learned counsel for the

                   petitioner and Mr. Harendra Prasad, learned APP for the State.

                                2. Petitioner seeks regular bail in connection with

                   Fatuha P.S. Case No. 446 of 2025 registered for the offences

                   punishable under sections 303(2), 317(3) and 317(4) of the

                   Bharatiya Nyaya Sanhita.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner has not committed any offence

                   though he was apprehended, in fact he was taken by the co-

                   accused persons on a motorcycle and he did not play any active

                   role in the alleged theft and nothing has been recovered from his

                   possession and he has been framed in the present matter mainly

                   on the basis of his two criminal antecedents. It is further

                   submitted that the chargesheet has been submitted against him

                   and the cognizance has also been taken and one co-accused,
           Patna High Court CR. MISC. No.87534 of 2025(2) dt.12-01-2026
                                                       2/2




                     namely Gaurav Kumar, who has seven criminal antecedents, has

                     been granted bail by a co-ordinate Bench of this Court vide

                     order passed in Cr. Misc. No. 83580/2025. It is further

                     submitted that the case of this petitioner stands on a better

                     footing than that of the said co-accused, as the petitioner has

                     only two criminal antecedents and he has been languishing in

                     jail since 17.06.2025 and he is suffering from several ailment

                     and has become a kidney patient and he is a daily wage

                     labourer.

                                  4. Learned APP for the State has opposed the prayer of

                     the petitioner.

                                  5. Considering the above submissions, averments

                     made in this application and mainly taking into account the

                     petitioner’s aforesaid plea that there is nothing admissible

                     evidence against him which has not been refuted by the learned

                     APP, this Court is inclined to release him on bail. Accordingly,

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

                     bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                     sureties of the like amount each to the satisfaction of the court

                     concerned in connection with Fatuha P.S. Case No. 446 of 2025.



                                               (Shailendra Singh, J)
annu/-
U      T

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