Created by Fuzzy Cloud

Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.