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Patna High Court

Sonu Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail and the Court ordered his release on bail with a bond and sureties.

Summary

The petitioner, Sonu Kumar Singh, was arrested in connection with a case involving the purchase of a stolen bike, alleged under Sections 317(2), 317(4), 317(5), 111(2)(b) and 3(5) of the B.N.S. The prosecution argued that he was the second purchaser of the stolen vehicle, while the petitioner claimed innocence, stating he merely bought the bike without knowledge of its stolen nature and had no prior criminal record. He had been in judicial custody since 11‑12‑2025 and sought bail. The State opposed the bail application, contending the seriousness of the offences. After hearing both sides, the Court considered the lack of prior convictions, the nature of the alleged offence, and the principle of bail for non‑violent crimes, and decided to grant bail on condition of a bond and sureties. The order directed the petitioner to be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail under the provisions of the B.N.S. for the alleged offences.

Legislation cited

  • B.N.S. — s. 111(2)(b), 317(2), 317(4), 317(5), 3(5)

Subjects

  • bail
  • stolen property
  • criminal procedure
  • presumption of innocence
  • bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20511 of 2026
                   Arising Out of PS. Case No.-526 Year-2025 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Sonu Kumar Singh, S/o- Mukesh Singh, Resident of Dhankar Road, W.No-5,
                 P.S- Haraiya, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Umashankar Prasad, Sr. Advocate
                                                  Mr. Kamala Kant Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Raxaul P.S. Case No. 526 of 2025 registered for the

                   offence punishable under Sections 317(2), 317(4), 317(5),

                   111(2)(b) and 3(5) of B.N.S.

                                 3. The case of the prosecution, in short, is that

                   petitioner is the second purchaser of the stolen bike and from his

                   recovery, the said bike was recovered.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The only allegation against the petitioner is that he has
             Patna High Court CR. MISC. No.20511 of 2026(2) dt.31-03-2026
                                                         2/2




                       purchased the stolen bike. He has not committed any theft. He is

                       having no criminal antecedent and he is languishing in judicial

                       custody since 11.12.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       S.D.J.M., Motihari in connection with Raxaul P.S. Case No.

                       526 of 2025.



                                              (Ashok Kumar Pandey, J)
lata/-
U        T


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