Sunny Kumar @ Awadhesh Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Sunny Kumar @ Awadhesh Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Patna, subject to the three imposed conditions (mandatory attendance before the trial court; close-relative bailor with genealogy; prosecution's liberty to seek cancellation upon involvement in a similar offence).

Issue for consideration

Whether the petitioner, facing charges under Sections 396, 397, 412 and 413 IPC and Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act in Phulwarisharif P.S. Case No. 1539 of 2022, should be enlarged on regular bail, taking into account his custody since 19.03.2023 and that his name arose only from a co-accused's confessional statement with general and omnibus allegations.

Court's answer

Considering the aforesaid facts and circumstances and the period of custody, the Court directed the petitioner to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Patna, in connection with Phulwarisharif P.S. Case No. 1539 of 2022.

Ratio / Principle

Bail granted subject to conditions: (i) physical presence before the learned Court below on every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled; (ii) if found involved in a similar nature of offence in future, the prosecution may move for cancellation of the bail bond; (iii) one bailor shall be a close relative of the petitioner giving genealogy of the relationship.

Detailed headnote1 paragraphs

Regular bail granted — CRIMINAL MISCELLANEOUS No.11529 of 2025 (Patna High Court, Chandra Prakash Singh, J., 20-08-2025): Applicant Sunny Kumar @ Awadhesh Kumar sought regular bail in Phulwarisharif P.S. Case No. 1539 of 2022 (FIR dated 14.12.2022, registered u/ss 396, 397 IPC and Section 27 Arms Act; charge-sheet u/ss 396, 397, 412, 413 IPC and ss. 25(1-B)(a), 26, 27, 35 Arms Act). Counsel contended the petitioner was not named in the FIR and surfaced only through the confessional statement of co-accused Mithlesh Kumar @ Chibla, already on regular bail (order dated 18.10.2023 in Cr. Misc. No. 67677 of 2023); allegations of firing were general and omnibus; petitioner had six antecedents (including one u/s 302 IPC) but was on bail in all; custody since 19.03.2023. Considering the facts, circumstances and custody period, the Court enlarged the petitioner on a bail-bond of Rs.20,000/- with two like sureties, imposing conditions of attendance before the trial court on every date (cancellable on absence on two consecutive dates without cause), a close-relative bailor with genealogy, and liberty to the prosecution to seek cancellation if he commits a similar offence. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11529 of 2025

Arising Out of PS. Case No.-1539 Year-2022 Thana- PHULWARISHARIF District- Patna

======================================================

Sunny Kumar @ Awadhesh Kumar S/o- Rajesh Rai @ Rajesh Gop @ Nakata Gope @ Rajeshwar Rai R/o- Patipul Digha Ps- Digha Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. Mr. Rahul Raj, Adv. For the Opposite Party/s : Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

4 20-08-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

2 . The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif P.S. Case No. 1539 of 2022 dated 14.12.2022 registered for the offences punishable u/ss 396 and 397 of the Indian Penal Code and Section 27 of the Arms Act and the charge-sheet has been submitted u/ss 396, 397, 412 and 413 of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

3 . As per the prosecution case, six unknown miscreants are alleged to have fired on the informant's friend, his father and his brother and during treatment the informant's friend Rajeev Ranjan died.

Patna High Court CR. MISC. No.11529 of 2025(4) dt.20-08-2025 2/3

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Mithlesh Kumar @ Chibla @ Mithilesh Kumar @ Chiula, who has already been granted regular bail by this Court vide order dated 18.10.2023 passed in Cr. Misc. No. 67677 of 2023. There is no specific allegation against the petitioner rather the allegation of firing against the petitioner is general and omnibus in nature. The petitioner has no concern with the alleged offence. The petitioner has six other criminal antecedent, in which one case is related to the offence u/s 302 of the IPC and he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody in this case since 19.03.2023.

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 learned Court

Patna High Court CR. MISC. No.11529 of 2025(4) dt.20-08-2025 3/3

concerned, Patna in connection with Phulwarisharif P.S. Case No. 1539 of 2022, with the following conditions:-

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(iii) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

7 . The application stands allowed.

(Chandra Prakash Singh, J)

shivam/-

U T