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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail is to be granted to the petitioner subject to strict conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Sonu Kumar, was implicated in a FIR (Kawakol PS Case No. 436 of 2025) for offences under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023, based primarily on the confessional statement of co‑accused Sachin Kumar. The prosecution alleged that Kumar's rickshaw was used in an assault, robbery and the throwing of the complainant into a canal, resulting in injuries and loss of property. The petitioner contended that he is innocent, that no material other than the confessional statement links him to the crime, and that nothing was recovered from his residence. The State opposed the bail application, arguing the seriousness of the alleged offences. The Court, after considering the submissions, granted anticipatory bail subject to a six‑week surrender, a bail bond of Rs.10,000 with two sureties, and several conditions under Section 482(2) of the B.N.S.S. The order emphasizes the petitioner’s cooperation with the trial and compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the allegations and the evidence presented.
  • Whether the confessional statement of a co‑accused is sufficient to make the petitioner an accused in the case.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Section 310
  • Section 311
  • confessional statement
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14287 of 2026
                     Arising Out of PS. Case No.-436 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Sonu Kumar, S/o Uday Yadav @ Late Uday Yadav @ Udesh Yadav, R/o
                 Village- Chhabail, P.S- Kawakol, District- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Muskan Singh, Adv.
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   06-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Kawakol P.S. Case No. 436 of 2025 dated 21.10.2025,

                   registered for the offence punishable under Sections 310(2) and

                   311 of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that the informant

                   has alleged that on 21.10.2025 he had taken Toto Rickshaw of

                   Sonu Kumar (petitioner) for bringing his father from another

                   village when reached at Karhar Power Grid, in the meantime,

                   seven persons reached there from opposite side on three

                   motorcycles having lathi and iron rod in their hands and one

                   person asked the informant to give Rs. 50,000/- and when the

                   informant refused to do so, then the all accused persons
Patna High Court CR. MISC. No.14287 of 2026(4) dt.06-05-2026
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          assaulted him from lathi and iron rod due to which he sustained

          head injury and his left hand also got seriously injured. It is

          further alleged that one accused person snatched gold locket,

          mobile of Vivo Company bearing Mob No.- 9608598772 and

          Mobile No.-7808459532 and one silver bracelet and Rs. 5000

          cash. It is further alleged that other co-accused persons took the

          battery of Toto Rickshaw vehicle and they threw the informant

          in the canal and thereafter, all the accused fled away.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. It is submitted that the present F.I.R. has been lodged

          against seven unknown accused persons. The name of the

          petitioners has come only on the basis of confessional statement

          of Sachin Kumar. Except confessional statement of Sachin

          Kumar, there is no material in the case diary to connect the

          petitioner with the said crime. It is further submitted that

          nothing has been recovered from the house of the petitioner.

          Only on the basis of confessional statement, the petitioner has

          been made accused in this case. Lastly, it has been submitted

          that he has no criminal antecedent.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.
Patna High Court CR. MISC. No.14287 of 2026(4) dt.06-05-2026
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                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest / surrender of the petitioner within a period of

          six weeks from today, in connection with Kawakol P.S. Case

          No. 436 of 2025, he shall be released on anticipatory bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          C.J.M., Nawada, subject to condition as laid down under

          Section 482(2) of B.N.S.S..

                                  1. Petitioner shall co-operate in the trial and
                          shall be properly represented on each and every
                          date fixed by the Court and on his absence on two
                          consecutive dates without sufficient reason, his bail
                          bond shall be cancelled by the Court below.

                                  2. One of the bailors will be his own blood
                          relation, preferably father, mother, brother, sister
                          and or his wife.

                                  3. The bailor shall also state on affidavit that
                          he will inform the court concerned if the petitioner
                          is made accused in any other case of similar nature
                          after his release in the present case and thereafter
                          the court below will be at liberty to initiate the
                          proceeding for cancellation of bail on ground of
                          misuse.

                                  4. If the petitioner tampers with the evidence
                          or the witnesses, in that case, the prosecution will
            Patna High Court CR. MISC. No.14287 of 2026(4) dt.06-05-2026
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                                      be at liberty to move for cancellation of bail.

                                              5.The petitioner shall appear before the
                                      Police Station of his local area every fortnight to
                                      mark his attendance till framing of the charge.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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