Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
Sonu Kumar applied for anticipatory bail after learning that he might be arrested in connection with a theft case (Chandradeep P.S. Case No. 124 of 2025) under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner was not named in the FIR; his alleged involvement stemmed solely from the confessional statement of co‑accused Vikas Kumar, and no stolen articles were recovered from his residence. Although he has two prior criminal antecedents of a similar nature, the petitioner argued that the allegations were motivated by personal rivalry. The State opposed the bail, contending that the antecedents warranted denial. The High Court, after considering the facts and the statutory provisions, granted anticipatory bail subject to stringent conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including surety bonds, personal appearance, and monitoring by the Superintendent of Police. The order emphasized that the conditions are not to delay bail acceptance and that any breach could lead to cancellation.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated through a co‑accused's confessional statement.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- theft
- criminal antecedent
- confessional statement
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2621 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- CHANDRADIP District- Jamui
======================================================
Sonu Kumar, Son of Tripurari Yadav, R/o Village - Gokhula, Post - Sikandara,
Thana - Sikhandara, Gokhula, Fatehpur, Dist. - Jamui, 811315(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Mani, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Chandradeep P.S. Case No. 124 of 2025 registered for the
offence under Section 303(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The allegation against the petitioner is that he,
along with accused Vikas Kumar, had committed theft of three
pieces of Exicom JIO Tower battery.
4. Learned counsel for the petitioner submits that the
petitioner is not named in FIR and his name has transpired in the
confessional statement of co-accused Vikas Kumar. It has
Patna High Court CR. MISC. No.2621 of 2026(2) dt.28-01-2026
2/4
further been submitted that no incriminating article has been
recovered from the house of the petitioner rather his name has
been implicated on account of personal rivalry with the co-
accused, Vikas Kumar. It has next been submitted that the
petitioner has two criminal antecedents of similar nature and
hence, he has been implicated in this case.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Chandradeep P.S. Case No. 124 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Patna High Court CR. MISC. No.2621 of 2026(2) dt.28-01-2026
3/4
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Jamui within fifteen days of
his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period
by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to
the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court
concerned.
7. Accordingly, the prayer for anticipatory bail is
allowed.
Patna High Court CR. MISC. No.2621 of 2026(2) dt.28-01-2026
4/4
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.