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Patna High Court

Sonu BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions, finding no sufficient ground to deny bail under Section 310(2) of the BNS, 2023.

Summary

The petitioner, Sonu Baitha, was arrested on 16 January 2026 in connection with a robbery alleged under Section 310(2) of the BNS, 2023. The prosecution alleged that six miscreants, armed with pistols, looted cash and ornaments from a shop, and the petitioner’s name was derived from the confessional statement of a co‑accused, Vikki Baitha, rather than being named in the FIR. The petitioner contended that he was falsely implicated, had no recovered possession of the stolen items, and that the evidence against him was weak. The State opposed bail, highlighting the petitioner’s five prior criminal antecedents, though he was already on bail in four other cases. The court, after considering the lack of direct evidence, the petitioner’s cooperation, and the conditions imposed, granted bail on a bond of Rs. 10,000 with two sureties, subject to strict compliance conditions.

Issues considered

  • Whether bail should be granted to the petitioner under Section 310(2) of the BNS, 2023 despite his criminal antecedents.
  • Whether the petitioner’s implication solely on the basis of a co‑accused’s confession warrants denial of bail.
  • Whether the petitioner’s pending cases and existing bail status affect the bail decision.

Legislation cited

Subjects

  • bail
  • Section 310(2)
  • BNS 2023
  • criminal antecedents
  • false implication
  • co‑accused confession
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22326 of 2026
                   Arising Out of PS. Case No.-293 Year-2025 Thana- RAGHUNATHPUR District- Siwan
                 ======================================================
                 Sonu Baitha Son of Surendra Baitha Resident of Village - Tari Bazar, Police
                 Station - Raghunathpur, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-04-2026                  Heard Mr. Bijay Prakash Singh, learned counsel for

                   the petitioner and Mr. Jai Narain Thakur, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.01.2026 in connection with Raghunathpur P.S. Case No. 293

                   of 2025, F.I.R. dated 27.11.2025 for the offences punishable

                   under Section 310(2) of the BNS, 2023.

                               3.     According to prosecution case, six miscreants

                   entered into the shop of the informant and looted cash and

                   ornaments on the point of pistol and fled away.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The petitioner is not named in the FIR and his

                   name has been transpired during investigation on the basis of
Patna High Court CR. MISC. No.22326 of 2026(2) dt.06-04-2026
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          the confessional statement of the co-accused, namely, Vikki

          Baitha. He further submits that nothing has been recovered from

          the conscious possession of the petitioner rather the recovery

          has been made from the possession of the co-accused person.

          The petitioner is in custody since 16.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries five criminal antecedents other

          than the present one but fairly submits that he is on bail in four

          cases and one case is pending for consideration before the

          competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          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 Judicial

          Magistrate 1st Class, Siwan in connection with Raghunathpur

          P.S. Case No. 293 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

          reason, his bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.22326 of 2026(2) dt.06-04-2026
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                                   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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