Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 311, 482(2)
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
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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.
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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
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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/-
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