Patna High Court
Sonu Sharma @ Sumit Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the allegations against him do not demonstrate personal participation in the violence and he has a right to liberty pending trial.
Summary
The petitioner, Sonu Sharma, sought regular bail in a case involving numerous offences under the Bihar Penal Code, arising from a police attempt to execute a non‑bailable warrant. The prosecution alleged that when police arrived, a crowd of five persons violently resisted, attacking the police with lathis, rods and swords. The petitioner contended he did not partake in the violence, asserting that the sole allegation against him was that he fled the scene and that he had suffered no injury to any person. He highlighted that a co‑accused, Keshav Kumar, had already been granted bail in a similar matter, and emphasized his prolonged judicial custody since 12‑12‑2025. The State opposed bail, citing the petitioner’s criminal antecedent of eleven pending cases. After considering the facts, the court found the petitioner’s claim credible and ordered his release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Samastipur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the existence of a non‑bailable warrant and multiple charges under the Bihar Penal Code.
- Whether the petitioner’s alleged involvement in the violent resistance to police arrest justifies denial of bail.
- Whether the petitioner’s criminal antecedent of eleven pending cases warrants refusal of bail.
Subjects
- regular bail
- non‑bailable warrant
- criminal antecedent
- police resistance
- Bihar Penal Code
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12435 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- MUSRIGHRARI District- Samastipur
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Sonu Sharma @ Sumit Kumar Sharma, S/O Virendra Sharma @ Virendra
Kumar Ray @ Nanki Sharma, R/O Village- Morba Ray Tol, P.S-
Musarigharari, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 109, 121(1), 121(2), 132, 262,
352 and 351(2) of BNS.
3. The case of the prosecution is that the police has
gone to execute the non bailable warrant issued against the
petitioner who was accused in G.R. Case No. 269/09. It is alleged
that when the police reached there, five persons started protesting
the arrest of the petitioner and they became violent and attacked
the police with lathi, rod, sword etc.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.12435 of 2026(3) dt.08-04-2026
2/2
counsel for the petitioner has submitted that the only allegation
against the petitioner is that he fled away. He has not assaulted
any person. It has further been submitted that police has received
simple injury. It has also been submitted that co-accused Keshav
Kumar has been granted bail by this Court vide Cr. Misc. No.
12890 of 2026. The case of this petitioner stands on better footing.
Moreover, he is languishing in judicial custody since 12.12.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that
petitioner is having criminal antecedent of eleven cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Musrigharari P.S. Case No. 200 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Samastipur.
(Ashok Kumar Pandey, J)
lata/-
U T
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