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Patna High Court

Sonu Kumar Singh @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and is released on condition of a bail bond and sureties.

Summary

The petitioner, Sonu Kumar Singh, was arrested in connection with a theft of Rs. 70 lakh from a cash replenishment van, alleged under Sections 316(2), 318(4), 303(2), 60 and later 317(2) of the Bihar Negotiable Security Act. The prosecution claimed the amount was recovered from the petitioner, while the defence argued the recovery was made before the petitioner’s confessional statement and that he was falsely implicated. The petitioner has a clean antecedent, has been in custody since 12‑05‑2025, and co‑accused have already been granted bail. The court considered the framing of charges, the length of custody, and the lack of a speedy trial. Relying on Section 480(3) of the B.N.S.S. and the circumstances, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences and the recovery of the stolen amount from him.

Legislation cited

Subjects

  • bail
  • theft
  • recovery of stolen property
  • criminal procedure
  • Section 480(3)
  • clean antecedent
  • co‑accused bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32352 of 2026
                    Arising Out of PS. Case No.-248 Year-2025 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Sonu Kumar Singh @ Sonu Kumar S/O Om Prakash Singh R/o Village-
                 Fakuil, P.S - Chapra Muffasil, District - Saran

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Town P.S. Case No. 248 of 2025 registered for

                   the alleged offences under Sections 316(2), 318(4), 303(2), 60

                   of BNS and later on, Section 317(2) of BNS has also been

                   added.

                                03. As per prosecution case, Rs. Seventy lakhs was

                   stolen from a cash replenishment van of the company of the

                   informant. The name of the petitioner transpired in this case for

                   being involved in the theft along with four other FIR named co-

                   accused persons.

                                04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32352 of 2026(2) dt.12-05-2026
                                            2/3




          petitioner is innocent and has been falsely implicated in this

          case. The looted amount of Rs. Seventy lakhs has already been

          recovered though the recovery has been shown from the

          petitioner but the said recovery was prior to the recording of the

          confessional statement of the petitioner and it was at the

          instance of statement of other co-accused persons. Co-accused

          Krishna Kumar Singh and Ramesh Sah have been granted bail

          by a learned Co-ordinate Bench vide orders dated 18.03.2026

          and 03.04.2026 passed in Cr. Misc. Nos. 18523 of 2026 and

          19630 of 2026, respectively. Learned counsel further submits

          that the charges have been framed in this case on 09.10.2025

          and 4 witnesses have been examined out of total 8 charge sheet

          named persons and there is no possibility of early conclusion of

          trial. The petitioner is having clean antecedent and he is in

          custody since 12.05.2025.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner. Learned APP submits that the recovery

          of Rs. Sixty Eight lakhs was made from the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          framing of charge and period of custody of the petitioner, the

          petitioner above named is directed to be released on bail on
            Patna High Court CR. MISC. No.32352 of 2026(2) dt.12-05-2026
                                                        3/3




                      furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate, Ist Class, Saran at Chapra/concerned Court

                      in connection with Town P.S. Case No. 248 of 2025, subject to

                      the conditions mentioned in Section 480(3) of B.N.S.S. and also

                      the following conditions :

                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      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.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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