Patna High Court
Sonu Kumar @ Sonu Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The petitioner is entitled to regular bail given the prolonged custody and lack of trial progress.
Summary
Sonu Kumar was arrested in connection with a murder case under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. He has been in custody since 6 April 2024, amounting to roughly two years, while the trial has made little progress. The petitioner renewed his request for regular bail after an earlier rejection, citing the prolonged detention and the fact that co‑accused had already been released on bail. The court observed the undue delay, the lack of substantial trial activity, and the precedent of bail granted to other accused. Consequently, the court ordered his release on regular bail with a bond of Rs 20,000 and two sureties, subject to his appearance before the trial court on every date.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges under IPC and the Arms Act
- Whether the prolonged pre‑trial detention and slow progress of the trial justify granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- pre‑trial detention
- murder
- Indian Penal Code
- Arms Act
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32927 of 2026
Arising Out of PS. Case No.-237 Year-2024 Thana- KANKARBAG District- Patna
======================================================
Sonu Kumar @ Sonu Kumar Das S/o Suraj Kumar Das @ Suraj Das R/o Vill-
Budhha Nagar, Postal Park, P.S- Kankarbagh, Distt- Patna
.
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-05-2026 1. Heard the parties.
2. The petitioner has renewed his prayer for regular
bail in connection with CIS Sessions Trial No. 1919 / 2025
arising out of Kankarbagh P.S. Case No. 237 / 2024 dated
04.04.2024 registered under Section 302, 34 of the I.P.C. and
Section 27 of the Arms Act.
3. The bail application of the petitioner was rejected
earlier vide order 20.03.2025 with liberty to the petitioner to
renew his prayer for bail after one year if the trial does not
record any substantial progress.
4. As per the prosecution case the brother of the
informant was working as a vendor in Anamika Indane Gas
Patna High Court CR. MISC. No.32927 of 2026(2) dt.08-05-2026
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Agency, Kankarbagh and was shot dead by two unknown
persons riding on a motorcycle on 04.04.2024.
5. Learned counsel for the petitioner submits that trial
is very slow and despite petitioner having remained in custody
since 06.04.2024 i.e. for about two years as on 16.02.2026 the
case has been committed to the court of sessions which could be
evident from the order passed by this court in Cr. Misc. No.
92024 of 2025 dated 03.04.2026.
6. Considering the fact that petitioner has remained in
custody for about two years, trial has not progressed
satisfactorily and other co-accused persons have been granted
bail by this court vide Cr. Misc. No. 92024 of 2025 & 14792 of
2026 by order dated 03.04.2026, accordingly, I am inclined to
grant bail to the petitioner.
7. Let the petitioner be released on regular bail on
furnishing bail bond of Rs. 20,000/- (twenty thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge XIV, Patna in connection with CIS
Sessions Trial No. 1919 / 2025 arising out of Kankarbagh P.S.
Case No. 237 of 2024 subject to the condition that the petitioner
shall remain present before the trial court on each and every
date and in case of default on two consecutive dates without
Patna High Court CR. MISC. No.32927 of 2026(2) dt.08-05-2026
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prior permission of the trial court his bail bond shall liable to be
cancelled.
(Anil Kumar Sinha, J)
praful/-
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