Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail subject to a Rs.10,000 bond, two sureties, and specified conditions.
Summary
Sonu Kumar was arrested on 2 January 2026 in connection with a case alleging that he collected Rs.2,000‑2,500 from fourteen persons and failed to return the amounts. He faces charges under Sections 316(2), 318(4), 338, 336(3), 340(2) and 3(5) of the Bihar Negotiable Securities Act, 2023. The petitioner pleaded that he has a clean antecedent, the allegations are fabricated, and he is ready to repay the money to the victims. The State opposed bail, but the Court, after considering the facts, the petitioner’s willingness to compensate, and his lack of prior convictions, ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions, including payment of the disputed amount and cooperation with the trial. The bail order also stipulated cancellation of the bond for non‑appearance, tampering with evidence, or concealment of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the petitioner’s clean antecedent and willingness to repay the alleged amount justify the grant of bail.
Subjects
- bail
- false implication
- fraud
- criminal antecedent
- Bihar Negotiable Securities Act
- sections 316, 318, 336, 338, 340
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18535 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Sonu Kumar S/o Ramjanam Sahani R/o Village- Mahmada, P.S- Baruraj,
Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Sanjay Kumar, learned counsel for the
petitioner and Mr. Ajit Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
02.01.2026, in connection with Aurai P.S. Case No. 290 of
2025, F.I.R. dated 28.12.2025 registered for the offences
punishable under Sections 316(2), 318(4), 338, 336(3), 340(2)
and 3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that he had
collected Rs. 2,000 - 2,500/- from 14 persons and not returned
the amount to the concerned persons as yet.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.18535 of 2026(2) dt.24-03-2026
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petitioner has not committed any offence as alleged in the F.I.R.
Learned counsel for the petitioner further submits that from
perusal of the F.I.R. it appears that the allegation against the
petitioner that he had collected Rs. 2,000 - 2,500/- from 14
(fourteen) persons and did not return the amount to the
concerned persons as yet. Learned counsel for the petitioner on
instruction fairly submits that that the petitioner is ready to pay
the aforesaid amount to the concerned persons including the
informant. The petitioner is in custody since 02.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class (West), Muzaffarpur in
connection with Aurai P.S. Case No. 290 of 2025, subject to the
following conditions :-
(1) The petitioner shall deposit Rs. 2000 - 2500/- by
ways of demand draft in favour of 14 persons including the
informant and the same shall be handed over to the concerned
Patna High Court CR. MISC. No.18535 of 2026(2) dt.24-03-2026
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persons/representative at the time of furnishing bail bond.
(2) 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(3) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(4) 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 antecedents, 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)
Ibrar//-
U T
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