The Patna High Court recently granted bail to Sunny Thathera, also known as Sunny Kumar, in connection with Barh P.S. Case No. 699 of 2022. The case involves serious charges, including murder, assault, and violations under the Arms Act. The order was passed by Hon’ble Justice Rajesh Kumar Verma on August 8, 2025.
Background of the Case
Sunny Thathera has been in judicial custody since November 3, 2022. The case stems from an FIR registered on October 27, 2022, under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), 329 (voluntarily causing grievous hurt), 307 (attempt to murder), 504 (intentional insult), and 34 (common intention) of the Indian Penal Code (IPC). Later, Section 302 (murder) of the IPC and Section 27 of the Arms Act were added to the charges.
The petitioner had previously sought bail in Cr. Misc. No. 44004 of 2023, which was rejected on August 28, 2023. A subsequent application, Cr. Misc. No. 29402 of 2024, was dismissed on June 28, 2024, with a directive to the trial court to conclude the proceedings within six months.
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Trial Progress and Bail Arguments
Despite the court’s directive, the trial could not be completed within the stipulated timeframe. A report dated July 17, 2025, revealed that out of eight charge-sheeted witnesses, only six had been examined. The remaining two witnesses were yet to be examined, indicating no immediate conclusion to the trial.
The petitioner’s counsel argued that Sunny Thathera had no prior criminal record and had already spent over two years in custody. Given the delay in the trial, they sought relief under the principle of prolonged incarceration.
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State’s Opposition and Court’s Decision
The State vehemently opposed the bail application. However, considering the petitioner’s clean antecedents, the prolonged custody period, and the trial’s delayed progress, the court granted bail.
“Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each...”
- Hon’ble Justice Rajesh Kumar Verma
Conditions for Bail
- Cooperation in Trial: The petitioner must attend all court hearings and remain physically present as directed. Absence on two consecutive dates without valid reasons will lead to bail cancellation.
- No Tampering with Evidence: If the petitioner is found influencing witnesses or tampering with evidence, the prosecution can seek bail cancellation.
- Verification of Criminal Antecedents: The trial court must verify the petitioner’s criminal history. If any concealment is found, the bail bond will be revoked.
Case Title: Sunny Thathera @ Sunny Kumar vs. The State of Bihar
Case Number: CRIMINAL MISCELLANEOUS No. 35901 of 2025
