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Patna High Court

Sonu KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with conditions, despite the serious nature of the charge.

Summary

Sonu Kumar was arrested on 25 September 2023 in connection with a murder case (Section 304B IPC) arising from a dowry‑related dispute. Earlier bail applications were rejected and one was dismissed for default. The prosecution alleged that Kumar and co‑accused tortured the informant’s daughter for dowry, but the petitioner claimed a clean antecedent and that the FIR was fabricated. A trial‑court report showed no witnesses had been examined despite summons and warrants, indicating a significant delay. Considering the long pre‑trial custody, clean record, and lack of trial progress, the High Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to an accused of murder (Section 304B IPC) given the seriousness of the offence and the length of pre‑trial detention.
  • Whether the delay in trial proceedings and absence of witness examination justify bail despite prior bail rejections.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • murder
  • dowry death
  • Indian Penal Code
  • trial delay
  • criminal antecedent
  • anticipatory bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1760 of 2026
                      Arising Out of PS. Case No.-60 Year-2023 Thana- BALIGAON District- Vaishali
                 ======================================================
                 Sonu Kumar S/O Suresh Rai Resident OF Village- Chak Dohari, P.s.-
                 Baligaon, Dist.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shivjee Singh, Advocate
                 For the State           :        Mr. Anil Kumar, APP
                 For the Informant       :        Mr. Subhash Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-03-2026                   Heard Mr. Shivjee Singh, learned counsel for the

                   petitioner, Mr. Subhash Pandey, learned counsel for the

                   informant and Mr. Anil Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   25.09.2023 in connection with Sessions Trial No. 69 of 2024,

                   arising out of Baligaon P.S. Case No. 60 of 2023, F.I.R. dated

                   28.05.2023 for the offences punishable under Sections 304(B),

                   201/34 of the Indian Penal Code but the charge has been framed

                   u/s 304(B) of the Indian Penal Code

                                 3. Earlier, the prayer for regular bail of the petitioner

                   was rejected by this Court vide order dated 02.08.2024 passed in

                   Cr. Misc. No. 48144/2024 and second regular bail application of

                   the petitioner was dismissed for default by this Court vide order
Patna High Court CR. MISC. No.1760 of 2026(3) dt.18-03-2026
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          dated 26.09.2025 passed in Cr. Misc. No. 77816 of 2025.

                       4. According to prosecution case, petitioner along

          with other co-accused persons are said to have tortured the

          daughter of the informant on non-fulfillment of demand of

          dowry.

                       5. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR and the petitioner has been

          made accused in the present case merely on the ground that the

          petitioner is the husband of he deceased. Similarly situated co-

          accused persons, namely, Sangeeta Devi and other co-accused

          persons have been granted anticipatory bail by this Court vide

          order dated 27.02.2024 passed in Cr. Misc. No. 62897 of 2023.

          Learned counsel further submits that the petitioner is in judicial

          custody since 25.09.2023 and trial is not in progress.

                       6. Vide order dated 16.01.2026, a report was called for

          with regard to the stage of trial. Report dated 29.01.2026 of the

          learned Trial Court reveals that despite of issuing summons,

          bailable warrant etc., prosecution has not examined any

          witnesses as yet.
Patna High Court CR. MISC. No.1760 of 2026(3) dt.18-03-2026
                                            3/4




                       7. Learned counsel further submits that in view of

          report of learned trial court, it appears that the trial is not likely

          to be concluded in the near future and the petitioner is in

          custody since 25.09.2023 for about two and half years.

                       8. Learned counsel for the informant and learned APP

          for the State have vehemently opposed the prayer for bail.

                       9. Considering the aforesaid facts and circumstances

          and also the fact that the petitioner has clean antecedent, report

          of the learned trial court and period of custody 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 the learned Additional

          Sessions Judge-V, Vaishali at Hajipur, in connection with

          Sessions Trial No. 69 of 2024, arising out of Baligaon P.S. Case

          No. 60 of 2023, 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 her absence on two consecutive dates without sufficient

          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
            Patna High Court CR. MISC. No.1760 of 2026(3) dt.18-03-2026
                                                        4/4




                      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)

Ranjeet/-

U      T


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