Patna High Court
Sonu KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 201, 304B, 34
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.
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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
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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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