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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                           3/3




                         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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