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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail after being implicated in a murder case under Sections 302 and 34 of the IPC and Section 27 of the Arms Act. The prosecution alleged that he abducted the informant's son on 20 July 2023, after which the boy was found dead with firearm injuries. The petitioner argued that he was falsely implicated, there was no eye‑witness, and no material linked him to the crime, citing that a co‑accused had been granted bail. The State opposed the bail, emphasizing the petitioner’s role in taking away the victim and his prior criminal antecedent. The court, after considering the facts, concluded that the petitioner’s involvement and antecedent warranted denial of anticipatory bail and dismissed the petition.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the murder and arms offences.
  • Whether the material on record is sufficient to justify granting anticipatory bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC
  • Arms Act
  • criminal antecedent
  • bail denial
  • section 302
  • section 34
  • section 27

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.22522 of 2026
                    Arising Out of PS. Case No.-308 Year-2023 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Sonu Kumar S/o Sri Shambhu Ray R/o Village- Bara Jagannath, P.S.-
                 Ahiyapur, District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ajay Kumar Thakur, Advocate
                                                  Mr. Purushottam Kumar, Advocate
                                                  Ms. Somali Acharya, Advocate
                 For the State           :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-05-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 302 and 34

                   of the Indian Penal Code and Section 27 of the Arms Act.

                                  3. The prosecution case, in brief, is that on 20.07.2023

                   at about 10 AM, this petitioner came to the house of the

                   informant and took away her son with him and stated that co-

                   accused Santosh Kumar has called him. Thereafter, son of

                   informant did not return and even after search, he couldn’t be

                   traced. In the morning, informant got information through

                   newspaper and other sources that one person has been shot dead
Patna High Court CR. MISC. No.22522 of 2026(2) dt.05-05-2026
                                            2/3




          in village Bhaw Chhapra and when the informant went to

          S.K.M.C.H., Muzaffarpur, she identified the dead body is of her

          son who had sustained fire arm injuries on his head. Informant

          claims that all the F.I.R. named accused persons, including this

          petitioner and four to five unknown persons, have committed

          murder of her son.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is innocent and has

          committed no offence. Informant is not an eye witness of the

          alleged occurrence. Petitioner has falsely been implicated in this

          case merely on suspicion and there is no direct or indirect

          material to show complicity of this petitioner in the alleged

          occurrence. It is further submitted that co-accused Kaushalya

          Devi, having similar and identical allegations, has already been

          granted bail by this Hon’ble Court vide order dated 30.01.2025

          passed in Cr. Misc. No. 89987 of 2024.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that bare perusal of the F.I.R.

          depicts that it was this petitioner who took away son of

          informant from the house and later on, this dead body was

          found. Petitioner cannot claim parity with co-accused Kaushalya
             Patna High Court CR. MISC. No.22522 of 2026(2) dt.05-05-2026
                                                         3/3




                       Devi since case of the petitioner is entirely on a different

                       footing. Petitioner has got one criminal antecedent.

                                    6. Considering the facts and circumstances of the

                       case, fact that it was this petitioner who took away son of

                       informant and later on, his dead body was found and criminal

                       antecedent of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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