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Patna High Court

Neeraj Kumar @ SoniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
               Patna High Court CR. MISC. No.17292 of 2026(2) dt.19-03-2026
                                                           3/3




                         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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