Patna High Court
Sonu Kumar @ Sonu SwarnkarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail must be granted as the prosecution's case rests solely on a possibly coerced confessional statement and lacks substantive evidence, rendering continued detention unjustified.
Summary
The petitioners, Sonu Kumar and Sunil Kumar, sought bail in a case registered under Section 304 of the B.N.S. for the alleged theft of a golden earring belonging to an informant's wife. They contended that the FIR was lodged against unknown miscreants and that they were falsely implicated due to their prior criminal records, with the police allegedly extracting a coerced confessional statement. The State opposed bail, highlighting the petitioners' multiple prior criminal cases. The court noted the lack of substantive evidence beyond the confessional statement, the absence of a turn‑in‑police (T.I.P.) report, and the petitioners' continued judicial custody since December 2025. Consequently, the court ordered bail on the condition of a Rs.10,000 bond with two sureties and required the petitioners to cooperate with the trial and appear on all dates.
Issues considered
- Whether bail should be granted to the accused under Section 304 B.N.S. despite their criminal antecedents and alleged framing
- Whether the confessional statement obtained under alleged coercion can justify continued detention
- Whether the absence of a T.I.P. report and lack of material evidence affect the bail decision
Legislation cited
- B.N.S. — s. 304
Subjects
- bail
- Section 304
- criminal antecedent
- confessional statement
- framing
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16562 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. Sonu Kumar @ Sonu Swarnkar S/O Pappu Sah @ Pappu Swarnkar R/O
Village- Patarghat, P.S- Patarghat, Distt.- Saharsa, State- Bihar.
2. Sunil Kumar @ Sunil Swarnkar S/O Kokay Swarnkar R/O Village- Balhi,
P.S- Kisanpur, Distt.- Supaul, State- Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Tiwari, Advocate
Mr. Harshit Ranjan, Advocate
Mr. Aditya Bharadwaj, Advocate
Mr. Nishi Kant, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 23-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in a case
registered for the offence punishable under Sections 304 of
B.N.S.
3. The case of the prosecution, in short, is that
unknown miscreants have snatched the golden ear-ring of the
informant’s wife.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in
Patna High Court CR. MISC. No.16562 of 2026(6) dt.23-06-2026
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this case. Learned counsel for the petitioners has submitted
that the F.I.R. was lodged against unknown miscreants. During
course of of investigation, as the petitioners are having
criminal antecedent, they were framed in this case. It has
further been submitted that the police has also extorted
confessional statement of these petitioners. Save and except
the confessional statement, there is nothing against them. No
recovery has been made. It has further been submitted that in
this case, charge-sheet has been filed and no T.I.P. has been
conducted. Petitioners are languishing in judicial custody
since 04.12.2025.
5. Learned APP for the State has vehemently
opposed the prayer for bail and has submitted that petitioner
no.1 is having criminal antecedent of three cases and petitioner
no.2 is having criminal antecedent of four 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 petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) each with
two sureties of the like amount each to the satisfaction of the
learned Court of C.J.M., Khagaria in connection with Beldaur
Patna High Court CR. MISC. No.16562 of 2026(6) dt.23-06-2026
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P.S. Case No. 191 of 2025 with the condition that petitioners
shall cooperate in the trial and shall remain physically
present on each and every fixed date in the learned trial
Court.
(Ashok Kumar Pandey, J)
lata/-
U T
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