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

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

What the court decided

AI extract

Outcome

Both petitioners (Vicky Kumar and Sunny Kumar) directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Patna/concerned court in connection with Parsa Bazar P.S. Case No. 406 of 2024, subject to Section 437(3) CrPC conditions and further conditions (one bailor a close relative; presence on every date fixed by the court below; bail bonds liable to cancellation on absence on three consecutive dates or violation of bail terms). Common order disposing of CRIMINAL MISCELLANEOUS Nos. 5579 and 6712 of 2025.

Issue for consideration

Whether the petitioners (Vicky Kumar and Sunny Kumar) should be released on bail in connection with Parsa Bazar P.S. Case No. 406 of 2024, registered for alleged offences under Sections 140(3), 103(1) and 61(2)(k) of the B.N.S., notwithstanding the prosecution's contention that they were last seen with the deceased prior to his death.

Court's answer

Having regard to the facts and circumstances, the distinct lack of any substantive material against the petitioners to connect them with the offence as alleged, their clean antecedent, period of custody and submission of charge-sheet, the court directed that both petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Patna/concerned court in connection with Parsa Bazar P.S. Case No. 406 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure.

Ratio / Principle

The bail grant was made subject to additional conditions: one of the bailors must be a close relative of the petitioners; the petitioners must remain present on each and every date fixed by the court below; and in case of absence on three consecutive dates or violation of the terms of bail, the bail bonds will be liable to be cancelled by the court concerned.

Detailed headnote1 paragraphs

Criminal Miscellaneous (Bail) — Patna High Court, 12-05-2025 (Arun Kumar Jha, J): Common order granting bail to Vicky Kumar (CRM No. 5579 of 2025) and Sunny Kumar (CRM No. 6712 of 2025) in Parsa Bazar P.S. Case No. 406 of 2024, registered under Sections 140(3), 103(1) and 61(2)(k) of the B.N.S. Prosecution version: the informant's brother went out with the petitioners and did not return; his dead body was recovered from the bushes; the State's APP contended the petitioners were last seen with the deceased prior to his death. Counsel for petitioners argued false implication on suspicion alone, no incriminating material recovered during investigation, no direct evidence, custody since 30.08.2024 and 02.09.2024 respectively, charge-sheet submitted, and clean antecedent. Finding a distinct lack of any substantive material connecting the petitioners with the offence, and considering their clean antecedent, period of custody and submission of charge-sheet, the court released both on bail on bonds of Rs. 10,000/- each with two like sureties before the JM-1st Class, Patna, subject to Section 437(3) CrPC conditions plus: one bailor a close relative; attendance on every court-fixed date; and liability of the bonds to cancellation on three consecutive absences or breach of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5579 of 2025

Arising Out of PS. Case No.-406 Year-2024 Thana- PARSABAZAR District- Patna

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

Vicky Kumar S/O Santosh Kumar @ Advance @ Santosh Resident of Village- Rahimpur Parsa Bazar Station Mahmadpur west of Railway line, P.SParsa Bazar, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

with CRIMINAL MISCELLANEOUS No. 6712 of 2025

Arising Out of PS. Case No.-406 Year-2024 Thana- PARSABAZAR District- Patna

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

Sunny Kumar S/O Late Shyamji Prasad @ Shyamji Ram R/O VillageKhaprail Chawk, P.S- Parsa Bazar, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 5579 of 2025) For the Petitioner/s : Mrs.Usha Kumari Singh, Advocate For the Opposite Party/s : Mrs.Indu Kumari Srivastava, APP (In CRIMINAL MISCELLANEOUS No. 6712 of 2025) For the Petitioner/s : Mr.Rakesh Kumar No.1, Advocate For the Opposite Party/s : Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 12-05-2025

Since both the petitions arise out of Parsa Bazar P.S.

Case No. 406 of 2024, as such, they have been taken up together and are being disposed of by this common order.

Heard learned counsels for the petitioners and

Patna High Court CR. MISC. No.5579 of 2025(3) dt.12-05-2025 2/4

learned APP for the State.

In the present case, the petitioners seek bail in connection with Parsa Bazar P.S. Case No. 406 of 2024 registered for the alleged offences under Section 140(3), 103(1) and 61(2)(k) of the B.N.S.

As per prosecution case, brother of the informant went out with the petitioners but did not return and his dead body was recovered from the bushes.

Learned counsels for the petitioners submit that the petitioners are innocent and have been falsely implicated in this case. Except for suspicion, there is nothing against the petitioners. Even during investigation, police did not recover any incriminating material to connect the petitioners with the offence as alleged. The petitioners have been named in this case due to the fact that they accompanied the deceased on the date of occurrence. But there is no direct evidence on record to implicate the petitioners for doing any wrongful act. The petitioners have been made accused merely on surmises and conjectures. Petitioners are in custody since 30.08.2024 and 02.09.2024, respectively and charge-sheet has been submitted. Petitioners are having clean antecedent.

Learned APP appearing on behalf of State opposes

Patna High Court CR. MISC. No.5579 of 2025(3) dt.12-05-2025 3/4

the submission made on behalf of the petitioners. Learned APP submits that petitioners were last seen with the deceased prior to his death.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the distinct lack of any substantive material against the petitioners to connect them with the offence as alleged and further considering the clean antecedent of the petitioners along with their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna/concerned court in connection with Parsa Bazar P.S. Case No. 406 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail

Patna High Court CR. MISC. No.5579 of 2025(3) dt.12-05-2025 4/4

bonds of the petitioners will be liable to be

cancelled by the court concerned.

(Arun Kumar Jha, J)

balmukund/-

U T