Patna High Court
Neeraj Kumar @ SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted even though the petitioner was not named in the FIR, provided a bond and sureties are furnished and the petitioner complies with the stipulated conditions.
Summary
Neeraj Kumar Soni was arrested on 29 June 2025 in connection with a case registered on 12 June 2025 for offences under Sections 302(2) and 317(5) of the BNS. Although his name was not mentioned in the FIR, the investigating agency identified him through mobile‑tower data, after which he confessed and the vehicle involved was recovered. The State opposed his bail, citing the seriousness of the charges and four other pending cases, though the petitioner was already on bail in those matters. The High Court considered that the petitioner’s identification during investigation did not preclude bail and that the seriousness of the offences could be mitigated by a bond and strict conditions. Accordingly, the court ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties and imposed conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but identified during investigation
- Whether the seriousness of offences under Sections 302(2) and 317(5) of the BNS warrants denial of bail
- Impact of the accused’s other pending criminal cases on the bail decision
Legislation cited
- BNS — s. 302(2), 317(5)
Subjects
- bail
- murder
- extortion
- mobile tower location
- chargesheet
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17292 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Neeraj Kumar @ Soni S/o Late Vilaiti Singh R/o Village - Sikharichak, P.S -
Pandarak, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-03-2026 Heard Mr.Manoj Kumar Pandey, learned counsel for
the petitioner and Mr.Shailendra Kumar Singh, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
29.06.2025 in connection with Athmalgola P.S. Case No. 209 of
2025, F.I.R. dated 12.06.2025 registered for the offence
punishable under Sections 302(2) of BNS and later on Section
317(5) of BNS is added.
3. The FIR of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of mobile
tower location and thereafter the petitioner was apprehended
Patna High Court CR. MISC. No.17292 of 2026(2) dt.19-03-2026
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and confessed his guilt in the present occurrence and the vehicle
in question was recovered at Hazaribagh in the State of
Jharkhand at the instance of the petitioner and the police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 29.06.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries four more cases other than the present one but
fairly submits that the petitioner is on bail in all the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation on the basis of mobile tower location of the
petitioner, 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
S.D.J.M., Barh in connection with Athmalgola P.S. Case No.
209 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
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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
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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