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Patna High Court

Sonu Kumar Das @ Chiranjeet Kumar Das @ Chanarjit Das @ Charanjit DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Sonu Kumar Das, was arrested on 22 March 2025 in connection with FIR No.87/2025 alleging assault on an informant’s son under Sections 109, 103(1), 61 and 3(5) of the BNS. He contended that the FIR was false, filed two days after the alleged incident without explanation, and that the informant was not an eye‑witness. The petitioner highlighted his clean antecedent and argued that the charge sheet did not specifically allege any overt act by him, only a generic accusation against all accused. The State opposed bail, but the court, noting the lack of specific incriminating material, the delay in filing the FIR, and the petitioner’s clean record, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without further delay for verification.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR alleging assault under Sections 109, 103(1), 61 and 3(5) of the BNS.
  • Whether the delay in filing the FIR and the alleged lack of specific allegations against the petitioner justify granting bail.
  • Whether the petitioner’s clean antecedent and the nature of the alleged offence warrant bail.

Legislation cited

  • BNS — s. 103(1), 109, 3(5), 61

Subjects

  • bail
  • false FIR
  • assault
  • criminal procedure
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12491 of 2026
                  Arising Out of PS. Case No.-87 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Sonu Kumar Das @ Chiranjeet Kumar Das @ Chanarjit Das @ Charanjit Das
                 S/o- Ram Chandra Das @ Rama Das R/v- Jhakhara Padauliya Coloney Ps-
                 Pipra Kothi Dist- East Champaran,Motihari

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   30-04-2026                  Heard Mr.Sharda Nand Mishra, learned counsel for

                   the petitioner, learned counsel for the informant and Mr.Ajay

                   Kumar No. 2, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   22.03.2025 in connection with Piprakothi P.S. Case No. 87 of

                   2025, F.I.R. dated 14.3.2025 registered for the offence

                   punishable under Sections 109,103(1),61 and 3(5) of BNS.

                                3.Allegation against the petitioner is that he alongwith

                   other co-accused persons assaulted the informant’s son by

                   various weapons due to which he sustained injuries.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. The allegation

                   as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.12491 of 2026(4) dt.30-04-2026
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          has not committed any offence as alleged in the FIR. From a

          bare perusal of the FIR it appears that the date of occurrence as

          alleged in the FIR is 12.03.2025 but the present FIR has been

          instituted on 14.03.2025 after delay of two days without giving

          any explanation of delay and before lodging of the FIR the

          inquest report was prepared as well as postmortem was also

          conducted. Learned counsel for the petitioner submits that the

          present FIR has been instituted afterthought only after seeing

          the postmortem report only to falsely implicate the petitioner in

          the present occurrence and it appears from the FIR itself that the

          informant is not the eye witness of the alleged occurrence.

          Further submits that from a bare perusal of the FIR it appears

          that although the petitioner is named in the FIR but there is no

          specific allegation of any assault or overt-act attributed against

          the petitioner rather there is general and omnibus allegation

          against all the accused persons including the petitioner and

          specific allegation against the petitioner is that he assaulted with

          Dabiya on the head of the son of the informant, apart from that,

          other co-accused persons have also assaulted to the son of the

          informant with knife, iron rod and other equipments. Further

          submits that co-accused person, namely, Ram Chandra Das @

          Rama Das has been granted bail by a Coordinate Bench of this
Patna High Court CR. MISC. No.12491 of 2026(4) dt.30-04-2026
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          Hon’ble Court vide order dated 16.09.2025 passed in Cr. Misc.

          No.65445 of 2025 and the police, after investigation, submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 22.03.2025.

                       5. Learned counsel for the informant and learned APP

          for the State have opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid fact and petitioner has

          clean antecedent, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned J.M.F.C., East Champaran, Motihari in connection with

          Piprakothi       P.S. Case No. 87 of 2025, with the following

          conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall
               Patna High Court CR. MISC. No.12491 of 2026(4) dt.30-04-2026
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                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, 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 or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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