Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
Sonu Kumar applied for anticipatory bail after being implicated in a case (Nautan P.S. Case No. 434 of 2025) for offences under several sections of the Bihar Narcotic Substances Act. The prosecution, based on a complaint by a temple priest, alleged that Kumar and Asgar Miya assaulted the priest and forcibly took Rs. 5,000 after consuming ganja and liquor on temple premises. The petitioner contended that the priest harbored personal enmity and the allegations were false. The State highlighted Kumar's prior criminal record, including convictions under Sections 379 and 354(B) of the Indian Penal Code, to argue against bail. After considering the submissions, the court found no sufficient ground to grant relief and rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious allegations and his prior criminal record.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Indian Penal Code — s. 354(B), 379
Subjects
- anticipatory bail
- false allegations
- criminal antecedent
- assault
- theft
- narcotic offences
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9863 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Sonu Kumar Son of Pramod Patel Resident of Village- Khalwa Khap Tola,
P.S.- Nautan, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-02-2026 Heard Mr. Ashok Kumar Gupta, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Nautan P.S. Case No. 434 of 2025 for the
offence under sections 115(2), 126(2), 109(1), 303(2), 351(2),
352 and 3(5) of the BNS lodged on 28.08.2025.
3. As per the prosecution story, the informant, who is
the Priest of the temple, alleged that he had become fed up with
the conduct of Sonu Kumar and Asgar Miya. It is alleged that
both of them used to sit in the veranda of the temple and
consume ganja and liquor. Further, it is alleged that they would
use filthy and abusive language towards girls and women
passing through the area. When the informant objected to their
conduct, he was assaulted by them, and a sum of Rs. 5,000/-
Patna High Court CR. MISC. No.9863 of 2026(2) dt.23-02-2026
2/2
was forcibly taken from him. This led to the FIR.
4. Learned counsel for the petitioner submits that the
Priest has enmity with the petitioner and false allegation has
been made.
5. Learned APP on the other hand has taken this Court
to paragraph – 3 to show that he has criminal antecedent which
includes Sections 379 and 354(B) amongst other of the Indian
Penal Code and he is in the habit of doing such things.
6. Taking into account the submission of the parties,
no relief can be extended to the petitioner.
5. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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