Patna High Court

Sunil Kumar @ But LalversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted regular bail to the petitioner.

Summary

Sunil Kumar, accused under Sections 331(4), 305 and 3(5) of the B.N.S. for a theft case (Shivajinagar PS Case No. 59 of 2025), applied for regular bail claiming innocence and that his alleged confession was made only before a village panchayat. He argued that there were no eyewitnesses, the investigation was complete, he had a clean antecedent, and co‑accused persons had already been granted bail by coordinate benches. The State opposed the bail. The Court considered the petitioner’s alleged admission, the precedent of bail to co‑accused, his young age, clean record and the completed investigation, and decided to grant bail on a bond of Rs.20,000 with two sureties. The order released the petitioner on bail.

Issues considered

Whether the petitioner is entitled to regular bail despite the alleged confession before a panchayat
Whether the grant of bail to co‑accused persons influences the petitioner’s bail application
Whether the completed investigation and clean antecedent justify bail

Legislation cited

B.N.S. — s. 305, 331(4), 3(5)

Subjects

regular bail
confession
village panchayat
co‑accused bail precedent
investigation completed
clean antecedent
B.N.S. sections 331 305 3(5)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90058 of 2025
                  Arising Out of PS. Case No.-59 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
                 ======================================================
                 Sunil Kumar @ But Lal, Son of Ramchandra Mandal, Resident of Village
                 -Akhatwara P.S.- Shivajinagar District -Samastipur       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gaurav Kumar, Adv.
                 For the Opposite Party/s :      Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                   1. Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Shivajinagar P. S. Case No. 59 of 2025, registered for the offences

                   punishable under Sections 331(4), 305 and 3(5) of the B.N.S.

                                3. The main submissions advanced by the petitioner's

                   counsel are that the petitioner is quite innocent, he has been falsely

                   implicated in this case due to dirty village politics, he is alleged to

                   have confessed his guilt before the Panchayat conducted by the

                   local Sarpanch and on that basis alone he has been made an

                   accused in this case and there is no eyewitness to the occurrence. It

                   is also submitted that similarly situated co-accused persons

                   namely, Pramod Kumar, Sanjay Kumar Yadav, Raushan Kumar

                   and Ram Kumar carrying almost similar nature of allegation have

                   already been granted bail by the Coordinate Benches of this court

                   vide orders dated 19.11.2025, 03.12.2025, 05.01.2025 and

                   06.01.2025 passed in Cr. Misc. No. 79197 of 2025, Cr. Misc. No.

                   79950 of 2025, Cr. Misc. No. 83747 of 2025 and 82621 of 2025
            Patna High Court CR. MISC. No.90058 of 2025(2) dt.13-01-2026
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                      respectively. It is lastly submitted that the petitioner has been in

                      custody since 04.09.2025 having fair and clean antecedent and

                      against him the investigation has been completed.

                                   4. Learned APP appearing for the State has opposed the

                      bail prayer of the petitioner.

                                   5. Considering the aforesaid submissions, the averments

                      made in this application and mainly the fact that the prosecution,

                      in respect to the petitioner's involvement in the alleged crime of

                      theft, is mainly relying upon petitioner's own admission allegedly

                      made by him during a panchayat meeting coupled with the

                      privilege of bail having been granted to the co-accused persons by

                      the coordinate Benches of this Court, petitioner's young age and

                      fair and clean antecedent as well as completion of investigation

                      against him,        this court is inclined to release him on bail.

                      Accordingly, let the petitioner named-above be enlarged on bail in

                      connection with Shivajinagar P. S. Case No. 59 of 2025 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.

                                                   (Shailendra Singh, J)
Rajiv/-
U       T

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