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Patna High Court

Sonu Kumar @ Sonu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to bail in the present case.

Summary

The petitioners, Sonu Kumar, Karishan Rai and Kundan Rai, were arrested in connection with a 2024 assault case (PS Bhagwanpur Case No. 327) that resulted in the death of an informant's son. The prosecution alleged that the accused, including co‑accused Umesh Rai and Shankar Rai, attacked the informant’s family, with the fatal head injury attributed to the co‑accused. The petitioners contended they were falsely implicated due to a land dispute and had clean antecedents, citing that similar co‑accused had been granted anticipatory bail in a prior case. The State opposed bail, emphasizing the seriousness of the offences. After considering the facts, the court granted bail to the petitioners on a bond of Rs. 10,000 with two sureties and imposed conditions of cooperation with the trial.

Issues considered

  • Whether the petitioners are entitled to bail despite the serious nature of the offences charged under Sections 126(2), 115, 118(1), 109, 352, 3(5) and 103(1) of the Bihar Penal Code.
  • Whether the alleged involvement of co‑accused in the fatal injury precludes bail for the petitioners.
  • Whether the precedent of anticipatory bail granted to similar co‑accused influences the bail decision.

Subjects

  • bail
  • anticipatory bail
  • criminal procedure
  • assault
  • homicide
  • false implication
  • land dispute
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2133 of 2026
                    Arising Out of PS. Case No.-327 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Sonu Kumar @ Sonu Rai S/o- Karishan Rai @ Krishan Rai @ Kishan Rai
                  @ Katison Rai Resident of Village- Karhari PS-Bhagwanpur Dist- Vaishali
           2.    Karishan Rai @ Karishan Rai @ Kishan Rai @ Katison Rai S/o- Jagdish Rai
                 Resident of Village- Karhari PS-Bhagwanpur Dist- Vaishali
           3.    Kundan Rai @ Kundan Kumar S/o- Karishan Rai @ Krishan Rai @ Kishan
                 Rai @ Katison Rai Resident of Village- Karhari PS-Bhagwanpur Dist-
                 Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Anish Kumar, Advocate
                 For the State           :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioners as well as

                   the learned APP for the State.

                                 2. The petitioners seek bail in connection with

                   Bhagwanpur P.S. Case No. 327 of 2024 registered for the

                   offences punishable under Sections 126(2), 115, 118(1), 109,

                   352, 3(5) and subsequently added Section 103(1) of the BNS.

                                 3. As per the prosecution case, on 25.11.2024, all the

                   FIR named accused persons including the petitioners allegedly

                   attacked the informant and his family. During the assault, co-

                   accused Umesh Rai and Shankar Rai inflicted critical head

                   injuries on informant’s son, who died during the treatment. All
Patna High Court CR. MISC. No.2133 of 2026(2) dt.16-02-2026
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          accused persons assaulted intervening family members with

          lathi and danda.

                       4. The learned counsel for the petitioners has

          submitted that the petitioners are innocent and have falsely been

          implicated in the present. He further submits that there is

          general and omnibus allegation against the petitioners due to

          previous land dispute and only one injury was found on the head

          of the deceased, which is attributable to co-accused Shankar Rai

          and Umesh Rai. It has further been submitted that similarly

          situated co-accused persons have been granted privilege of

          anticipatory bail by this Court vide order dated 25.11.2025

          passed in Cr. Misc. No. 36715 of 2025. The petitioners are

          persons of clean antecedent and are in custody since 30.08.2025.

                       5. On the other hand, learned APP for the State has

          opposed the prayer for bail.

                       6. From perusal of the FIR, it appears that the specific

          allegation of assaulting the deceased with iron rod is against co-

          accused Umesh Rai and Shankar Rai and only one injury is

          found on the person of the deceased.

                       7. Considering the aforesaid facts and circumstances,

          let the petitioners named above, be released on bail on

          furnishing bail bond of Rs. 10,000/- (ten thousand) each with
             Patna High Court CR. MISC. No.2133 of 2026(2) dt.16-02-2026
                                                         3/3




                       two sureties of the like amount each to the satisfaction of

                       learned A.C.J.M.-6th, Vaishali at Hajipur in connection with

                       Bhagwanpur P.S. Case No. 327 of 2024 with condition that the

                       petitioners shall cooperated with the trial of the case and make

                       themselves available as and when required by the court.

                                    8. The petitioners will appear in the court on each

                       and every date fixed by the trial court till framing of

                       charges.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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