Patna High Court
Sonu BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS, 2023 — s. 310(2)
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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