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Patna High Court

Sunil Kumar @ Sunil PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Sunil Kumar, applied for regular bail under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, in connection with a murder case (PS case no. 517 of 2025) where a 12‑year‑old boy was allegedly strangulated. The prosecution alleged that the murder stemmed from a land dispute between the informant and the petitioner, and the petitioner was named in the FIR. The petitioner contended that he was falsely implicated and that no material evidence linked him to the crime, noting that he had been in custody since 25‑08‑2025 and a chargesheet had already been filed. The State opposed bail, relying on the FIR allegations. The court, after noting the absence of eye‑witnesses, the prolonged pre‑trial detention, and the filing of the chargesheet, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the accused under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, given the nature of the allegations and the evidence on record.

Legislation cited

Subjects

  • regular bail
  • bail under B.N.S.
  • murder
  • land dispute
  • chargesheet
  • pre‑trial detention
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91270 of 2025
                      Arising Out of PS. Case No.-517 Year-2025 Thana- DHANARUA District- Patna
                 ======================================================
                 Sunil Kumar @ Sunil Prasad S/O Late Nawal Prasad R/O Vill.-
                 Pilkajariya@Pul Kajariya, P.S- Dhanarua, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Lallu Prasad, Advocate
                 For the Opposite Party/s :      Mr. Suresh Prasad Singh, APP
                                                 Mr. Sanjay Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   19-03-2026                    1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Dhanarua P.S. Case

                   no.517 of 2025 registered under sections 103(1) and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that his 12 year old son who had gone out did not return nor was

                   any information received. As such the informant states that they

                   started looking for him but he was not to be found. The

                   informant finally received information on his mobile phone

                   from the co-villagers about the dead body of his son having

                   been seen near the dargah in the agricultural field. It is stated

                   that on going there it transpired that he had been killed by
Patna High Court CR. MISC. No.91270 of 2025(4) dt.19-03-2026
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          strangulating him. The informant further states that there was

          land dispute going on between the informant and the petitioner

          and the petitioner had given threats. Further there was dispute

          on and off between the petitioner’s wife and son on one hand

          and the informant’s family on the other, every other day. As

          such the FIR.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case because of

          pending land dispute between the parties which would be

          evident from the contents of the FIR itself. No material has

          transpired in course of investigation to directly or indirectly

          connect the petitioner with the alleged crime. The petitioner is in

          custody since 25.8.2025 and chargesheet has been submitted in

          the case.

                       5. The application for bail is opposed by learned A.P.P

          for the State and learned counsel for the informant. Learned

          counsel for the informant submits that the petitioner is named in

          the FIR and there is allegation against him of having given

          effect to the occurrence as a result of pending land dispute

          between the parties.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material
             Patna High Court CR. MISC. No.91270 of 2025(4) dt.19-03-2026
                                                         3/3




                       that has transpired in course of investigation, there being no

                       eye-witness to the occurrence, the petitioner having remained in

                       custody for over 6 months since 25.8.2025 and chargesheet

                       having been submitted in the case, the petitioner is directed to

                       be enlarged on bail in connection with Dhanarua P.S. Case

                       no.517 of 2025 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 Sub-Divisional Judicial Magistrate,

                       Masaurhi, District-Patna.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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