Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail cannot be granted in the present circumstances.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail in a case (Barh P.S. Case No.540 of 2025) involving alleged offences under Sections 126(2), 115(2), 109, 303(2), 351 and 3(5) of the Bihar Negotiable Substances Act, 2023. The prosecution alleged that the petitioner, along with three others, assaulted an informant and his family and snatched a golden chain. The petitioner claimed innocence, alleging false implication due to village politics, while the State highlighted direct allegations and corroborative witness statements. The High Court, after considering the submissions, declined to grant anticipatory bail, finding the circumstances insufficient for such relief. However, the Court directed the trial court to entertain a regular bail application if the petitioner surrenders within six weeks, allowing a prompt decision on that application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts and allegations.
- Whether the petitioner is entitled to regular bail upon surrender.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351
Subjects
- anticipatory bail
- regular bail
- criminal procedure
- false implication
- village politics
- Bihar Negotiable Substances Act
- sections 126,115,109,303,351,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32041 of 2026
Arising Out of PS. Case No.-540 Year-2025 Thana- BARH District- Patna
======================================================
Sonu Kumar S/o Rajendra Mahto Resident of Village- Saidpur, P.S.- Barh,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh
For the Opposite Party/s : Mr.Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-05-2026 Heard Learned Counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in a case
registered for the offences punishable in connection with Barh
P.S. Case No.540 of 2025 under Sections 126(2), 115(2), 109,
303(2), 351 and 3(5) of the BNS, 2023 pending before the court
of ACJM-1st, Barh, Patna.
3. As per the prosecution, the FIR has been lodged
against four named accused persons including the petitioner
with allegation that the accused persons had assaulted the
informant and family members by katta due to which injury
sustained. The further allegation of snatching golden chain is
also there.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that both the parties are resident of same village and co-villager
Patna High Court CR. MISC. No.32041 of 2026(2) dt.07-05-2026
2/2
and known to each other. He further submits that petitioner has
been falsely implicated due to dirty village politics.
5. Learned Counsel also submits that antecedent of
the petitioner is not clean and there is one criminal antecedent of
the petitioner. He further submits that informant is a short
tampered man and with a malafide intention, petitioner has
been dragged in the present case.
6. Learned APP for the State opposes the prayer for
bail and submits that there is direct allegation against the
petitioner. The statement of the witnesses at different paragraphs
of case diary have supported the version of the FIR.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
8. However, trial court is directed to consider the
regular bail application of the petitioner, if he surrenders within
6 weeks from today and prays for regular bail, then trial court
shall pass order without being prejudice of the present order
preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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