Patna High Court
Sonu Kumar Singh @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Since the petitioner was not the actual assailant and has a clean antecedent, bail was granted.
Summary
The petitioner, Sonu Kumar Singh, was arrested in connection with a murder case (PS Case No. 471 of 2025) alleged under Sections 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He is accused of having held the deceased while a co‑accused, Nitesh Kumar, allegedly shot the victim. The petitioner has been in custody since 18 October 2025 and has a clean antecedent. The court considered whether the petitioner, not being the actual shooter, was entitled to bail. Relying on the fact that he was not the assailant and his clean record, the court allowed the bail application, directing a bail bond of Rs 10,000 with two sureties and a condition to cooperate in the trial. The order is limited to the bail matter and does not prejudice the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges
- Whether the petitioner’s alleged role as a non‑shooter and his clean antecedent justify granting bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 303(2), 3(5)
Subjects
- bail
- murder
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21723 of 2026
Arising Out of PS. Case No.-471 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Sonu Kumar Singh @ Sonu Kumar Son of Harendra Singh Resident of
Village- Bhikhabandh, P.S.- Daraundha, Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the State : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Daraundha P.S. Case No. 471 of 2025 registered for the offence
punishable under Sections 109, 303(2) and 3(5)of the Bharatiya
Nyaya Sanhita and Section 27 of the Arms Act.
3. The petitioner along with another accused is
alleged to have killed the deceased. The petitioner is alleged to
have caught hold of the deceased and the co-accused Nitesh
Kumar is alleged to have shot at the deceased.
4. The petitioner is in custody since 18.10.2025
having clean antecedent.
5. Considering the fact that the petitioner is not the
assailant of the deceased and the assailant is one Nitesh Kumar,
Patna High Court CR. MISC. No. 21723 of 2026(2) dt.07-04-2026
2/2
this application is allowed.
6. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M. 6th Siwan in connection with Daraundha P.S. Case No.
471 of 2025, subject to the condition that the petitioner will co-
operate in the trial.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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