Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and specific conditions.
Summary
Sonu Kumar was arrested on 27 November 2025 in connection with FIR dated 25 November 2025 alleging theft from a groom's car and firing on Govind Giri, invoking several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner claimed he had a clean antecedent, that the FIR was false and fabricated, and that there was no intention to kill. The prosecution opposed his bail, emphasizing the seriousness of the offences. The court considered the petitioner’s clean record, the period of custody, and the nature of the allegations, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail if conditions were breached.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act
- Whether the petitioner’s clean antecedent and the alleged falsity of the FIR justify bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- clean antecedent
- court conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20317 of 2026
Arising Out of PS. Case No.-559 Year-2025 Thana- BARHARIA District- Siwan
======================================================
Sonu Kumar Son of Yogesh Prasad @ Jugesh Prasad Resident Of Village -
Koiirigawa, P.O. - Barharia, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
Mr. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 06-07-2026 Heard Mr. Hemant Ray, learned counsel for the
petitioner and Mr. Surendra Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.11.2025 in connection with Barharia P.S. Case No. 559 of
2025, F.I.R. dated 25.11.2025 for the offences punishable under
Sections 126(2), 115(2), 109, 303(2), 351(3), 352 and 3(5) of
the BNS, 2023 and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner on
the instance of Balmiki Prasad @ Ashwani committed theft
inside the groom's car and also fired upon one Govind Giri.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.20317 of 2026(5) dt.06-07-2026
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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. As per the allegation, the
petitioner has fired upon Govind Giri due to which he has
received injury. He further submits that on the spur of moment
the present occurrence has taken place and there is no intention
to kill anyone. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 27.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent as well as period of
custody, 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
ACJM-III, Siwan in connection with Barharia P.S. Case No. 559
of 2025, subject to 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 absence on two consecutive dates without sufficient
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reason, his 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)
Vanisha/-
U T
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