Patna High Court
Sunil Kumar @ Sunil PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
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
2/3
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
Checking your session…