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Patna High Court

Devpujan Yadav @ Devpujan RayversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                       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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