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Patna High Court

Sonu Kumar Sharma @ Dhillon @ Sonu SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond and specific conditions.

Summary

The petitioner, Sonu Kumar Sharma, was arrested on 2 August 2024 in connection with a robbery case (Section 392 IPC) registered as PS Alamganj Case No. 588 of 2023. He contended that he was not named in the FIR, was falsely implicated, no testimony-in-chief (TIP) had been taken, and no material was recovered from him, while co‑accused had already been granted bail. The State opposed bail, highlighting that the petitioner has 24 other pending cases, though he is on bail in 23 of them. The Court examined the lack of his name in the FIR, absence of TIP, and the petitioner’s claim of innocence, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner who is not named in the FIR and for whom no TIP has been conducted.
  • Whether the petitioner’s extensive criminal history warrants denial of bail despite claims of innocence.

Legislation cited

Subjects

  • bail
  • Section 392 IPC
  • robbery
  • false implication
  • testimony-in-chief
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23695 of 2026
                       Arising Out of PS. Case No.-588 Year-2023 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Sonu Kumar Sharma @ Dhillon @ Sonu Sharma S/o Ashok Sharma @ Ashok
                 Kumar Sharma Resident of Bhadraghat, Main road, PS- Alamganj, District-
                 Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-04-2026                    Heard Mr. Arvind Kumar Pradhan, learned counsel for

                   the petitioner and Mr. Ram Sumiran Rai, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   02.08.2024, in connection with Alamganj P.S. Case No. 588 of

                   2023, F.I.R. dated 03.07.2023 registered for the offences

                   punishable under Section 392 of the Indian Penal Code.

                                3. The F.I.R. of the occurrence of loot is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the petitioner is not named in

                   the F.I.R. and the name of the petitioner has been transpired

                   during investigation by the police after arresting in Alamganj P.S.
Patna High Court CR. MISC. No.23695 of 2026(2) dt.08-04-2026
                                            2/3




          Case no. 726 of 2023 and thereafter the petitioner has confessed

          his guilt in the present occurrence. He further submits that another

          co-accused persons namely Raja Paswan, Rohit Kumar and Vikash

          Kumar have been granted bail by the learned Court below itself

          and nothing has been recovered from the possession of the

          petitioner. Learned counsel for the petitioner further submits that

          till date no TIP was conducted by the prosecution and the police

          after investigation submitted chargesheet against the petitioner and

          the petitioner is in custody since 02.08.2024.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner carries twenty four more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          twenty three cases and one case is pending for consideration

          before the competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner is not named in the F.I.R and till

          date no TIP was conducted by the prosecution, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned A.C.J.M. VI, Patna

          City, Patna in connection with Alamganj P.S. Case No. 588 of
               Patna High Court CR. MISC. No.23695 of 2026(2) dt.08-04-2026
                                                           3/3




                         2023, subject to the following conditions :-

                                      (1) 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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) 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

                         antecedents, 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)
Ibrar//-

U          T


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