Patna High Court – Orders
Sunil Kumar @ Sunil Paswan vs The State Of Bihar on 26 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72084 of 2024
Arising out of PS. Case No.-900 Year-2019 Thana- BIHTA District- Patna
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Sunil Kumar @ Sunil Paswan, Son of Late Shiv Jatan Paswan, Resident of
Village Banwaripur (Dhubiya Kalapar), PS - Bihta, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Binayak Kumar Shrivastav, Advocate
For the Opposite Party/s: Mrs. Meena Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 26-06-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the
offences under Sections 364 and 363/34 of the Indian Penal
Code. He has one criminal antecedent, i.e., Danapur Complaint
Case No. 717(c) of 2007 registered under Sections 498A, 494,
323 of the Indian Penal Code and Sections 3/4 of DP Act.
3. The prosecution case is to the effect that the infor-
mant has alleged that his sister was married to the petitioner
around twenty years back and all the accused persons including
the petitioner used to torture her on some pretext or the other. It
is further alleged that on 07.09.2019 the informant received a
message from the village of the petitioner that his sister is trace-
less. It is further submitted that despite hectic search his sister
Patna High Court CR. MISC. No.72084 of 2024(4) dt.26-06-2025
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could not be traced and hence a case under Sections 363 and
364/34 was lodged.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely be-
cause he happens to be the husband of the sister of the infor-
mant. It is further submitted by learned counsel for the peti-
tioner that the wife of the petitioner had herself gone out of the
house and did not return and the informant has falsely made ac-
cused to entire family of the petitioner. It is also submitted that
even during the course of the investigation no concrete material
has been collected by the police to connect the petitioner. It is
next submitted by learned counsel for the petitioner that two co-
accused persons namely Rajeshwar Paswan and Anjani Kumar
have been granted anticipatory bail vide order dated 22.02.2022
passed in Cr. Misc. No. 62886 of 2021, the order of the same
has been brought on record by Annexure-1. Learned counsel for
the petitioner has drawn attention towards Annexure-P/3
whereby the petitioner had lodged an informatory petition alleg-
ing that his wife had left the house on 07.09.2019 and since then
she is traceless. It was also mentioned that a written report was
also made before the Bihta Police Station on 09.09.2019, how-
ever, his wife could not be traced. In the said informatory peti-
Patna High Court CR. MISC. No.72084 of 2024(4) dt.26-06-2025
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tion it was also alleged that the informant and other family
members of the wife of the petitioner had come to the house of
the petitioner and had threatened false implication in criminal
case. It is lastly submitted that the petitioner is in custody since
19.04.2024 and till date as far as the trial is concerned the same
has not yet begun as the case is fixed for appearance of the ac-
cused persons.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner who
happens to be the husband of the sister of the informant, who is
still traceless as such petitioner should not be released on bail.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that the petitioner is in
custody since 19.04.2024, the petitioner above named, is di-
rected to be released on bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the concerned Court, Dana-
pur, Patna in connection with Bihta P.S. Case No. 900 of 2019,
subject to the the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
Patna High Court CR. MISC. No.72084 of 2024(4) dt.26-06-2025
4/5present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on any date
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be can-
celed by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioner except above-mentioned one
case and in case at any stage it is found that the
petitioner has concealed his criminal antecedent
except above-mentioned case, the court below
shall take step for cancellation of bail bond of
the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order
shall not be delayed for purpose of the same or
in the name of verification.
7. In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent of Po-
lice, Patna within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next nine months.
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The conduct of the petitioner will be kept under watch in this
period by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the Su-
perintendent of Police, a certificate will be filed by the peti-
tioner before the court concerned.
8. It is made clear that the observations, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Vikash/-
U T