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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted and the application was dismissed.

Summary

The petitioner, Sonu Kumar, filed an anticipatory bail application fearing arrest in a case registered in 2020 under Sections 302, 201, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. He was alleged to have travelled with the deceased, disclosed the deceased's location, and thereafter the deceased was killed. The High Court noted that the petitioner is an absconder and that the allegations are serious, involving murder and conspiracy. Considering these facts, the Court held that the case is not suitable for anticipatory bail. Consequently, the application was dismissed, with the Court directing the petitioner to surrender and seek regular bail. The Court clarified that its observations are limited to the bail application and do not prejudice the merits of the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the serious nature of the allegations and his status as an absconder

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • criminal conspiracy
  • absconder
  • bail
  • Indian Penal Code
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32211 of 2026
                          Arising Out of PS. Case No.-220 Year-2020 Thana- FATUA District- Patna
                 ======================================================
                 Sonu Kumar S/O Lallu Mahto Resident of Mohalla- Jaipur Dhanki, P.S.
                 Agamkuan, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjit Prasad, Advocate
                 For the State            :        Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   14-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Fatuha P.S. Case No. 220 of 2020 instituted under

                   Sections 302, 201 and 120(B) of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                3. The petitioner was found travelling with the

                   deceased. He is alleged to have given the location of the

                   deceased and thereafter the deceased was killed.

                                4. The case was registered in the year 2020.

                                5. Considering the allegation and the fact that the

                   petitioner is an absconder, this not not a fit case for grant of

                   anticipatory bail.

                                6. Accordingly, the application stands dismissed.
           Patna High Court CR. MISC. No.32211 of 2026(2) dt.14-05-2026
                                                       2/2




                                  7. The petitioner may surrender and pray for regular

                     bail.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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