Patna High Court
Devpujan Yadav @ Devpujan RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Sonu Kumar was arrested on charges of assaulting police officers and possession of two mobile phones, a SIM card and two ATM cards, alleged to be recovered during a police raid. He faces charges under Sections 115(2), 117(2), 318(4), 132, 111 and 3(5) of the B.N.S. and Section 66(D) of the Information Technology Act. The petitioner contended that he is innocent, that only one ATM card belongs to him, that there is no allegation of ATM fraud, and that the only incriminating material is a confessional statement recorded in police custody; he also pointed to his prior criminal record which does not involve similar offences. The State opposed bail, citing the seriousness of the offences and the assault on police. After hearing both sides, the Court decided to grant regular bail on a bond of Rs 10,000 with two sureties, directing the petitioner to appear before the Judicial Magistrate.
Issues considered
- Whether regular bail should be granted to the accused in a case involving assault on police officers and alleged possession of stolen property under the B.N.S. and IT Act.
- Whether the petitioner’s prior criminal antecedent and the nature of the charges justify denial of bail.
Legislation cited
- B.N.S. — s. 111, 115(2), 117(2), 132, 318(4), 3(5)
- Information Technology Act — s. 66(D)
Subjects
- regular bail
- assault on police
- criminal antecedent
- ATM card seizure
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37155 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- BAHADURPUR District- Patna
======================================================
Sonu Kumar Son of Raj Kumar Singh Resident of Village- Sherpar, P.S.-
Barbigha, P.O.- Barbigha, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate
Mr. Bipin Kumar, Advocate
Ms. Sarita Kumari, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shashtri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-06-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 115(2),
117(2), 318(4), 132, 111 and 3(5) of B.N.S. and Sections 66(D)
of I.T. Act.
3. The case of the prosecution, in short, is that the
petitioner along with others has assaulted the police while they
were attempting to apprehend them. It is further alleged that
from the possession of this petitioner, two mobiles, one sim and
various A.T.M. cards were recovered.
4. Learned senior counsel appearing on behalf of the
Patna High Court CR. MISC. No.37155 of 2026(2) dt.15-06-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned senior counsel for the petitioner has submitted
that only two A.T.M. cards have been recovered from the
possession of this petitioner, out of which one belongs to the
petitioner and another is that of his father. It has further been
submitted that the witnesses of the seizure list are police
personnel. Though a case has been framed that altogether 12
A.T.M. cards were recovered from the possession of this
petitioner but there is no allegation against the petitioner that he
has committed any A.T.M. fraud or has cheated anybody
through those A.T.Ms. Only material is the confessional
statement of the petitioner recorded in the police custody. It has
further been submitted that though the petitioner is having
criminal antecedent of four cases but none is of similar nature.
Petitioner is languishing in judicial custody since 16.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.37155 of 2026(2) dt.15-06-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Patna City in connection with Bahadurpur
P.S. Case No. 56 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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