Patna High Court
Sonu Kumar @ Kallu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner’s prolonged pre‑trial detention without trial, coupled with his clean antecedents, warranted the grant of bail despite his confession, subject to stringent conditions.
Summary
The petitioner, Sonu Kumar, was in judicial custody for murder charges under IPC sections 302, 201 and 34 stemming from the death of the informant’s son. He had earlier applied for bail, which was rejected, and the trial had not progressed despite charge framing in November 2024. The petitioner argued that he had no prior criminal record, had been detained for nearly two years, and was willing to comply with any conditions. The prosecution relied on his confession to the police, but failed to produce charge‑sheet witnesses, causing further delay. Considering the prolonged pre‑trial detention, lack of antecedents, and the petitioner’s undertaking to appear regularly, the court granted bail with a set of strict conditions.
Issues considered
- Whether bail can be granted to an accused who has confessed to a murder under IPC sections 302, 201 and 34.
- Whether the delay in trial and failure of the prosecution to produce witnesses justify granting bail.
- What conditions are appropriate to impose on bail in such circumstances.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- pre‑trial detention
- murder
- confession
- Indian Penal Code
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41422 of 2025
Arising Out of PS. Case No.-288 Year-2024 Thana- DANAPUR District- Patna
======================================================
Sonu Kumar @ Kallu Kumar S/o Shri Mantosh Sao @ Santosh Sao @
Santosh Pd. Gupta R/o Mohalla- Purani Bazar, San gatpar Masaurhi, P.S.-
Masaurhi, District- Patna. At present resident of Sultanpur Math, Near Bishnu
Kirana Ki9rana Store, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.M. Ashraf, Sr. Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
8 09-01-2026 Heard the parties.
2. The petitioner is in judicial custody in connection
with S.T. No. 1368 of 2024 arising out of Danapur P.S. Case
No. 288 of 2024 for the offence punishable under Sections 302,
201/34 of the Indian Penal Code lodged on 21.03.2024 by the
informant, Nageshwar Mochi.
3. As per the prosecution story, the informant alleged
that his son, Shrem Kumar went missing. Later, behind the
Lalkothi, in a bush, the dead body was recovered. The FIR
accordingly came to be lodged.
4. Learned Senior Counsel for the petitioner submits
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that earlier, the bail application of the petitioner was rejected
on 23.10.2024 in Cr. Misc. No. 54819 of 2024 and the trial
Court was directed to take the matter to its logical conclusion at
an earliest.
5. Since, no conclusion of the trial happened, the
fresh petition.
6. It is the case of the petitioner that he is a young boy
having no criminal antecedent, the son of the informant
disappeared on 03.03.2024, FIR came to be lodged on
21.03.2024 after the dead body was recovered from the bushes.
Subsequently, on suspicion, the petitioner was picked up, his
confession was taken before the Police and accepting the said
version that he has played role in killing of the informant’s son,
is in custody.
7. It is his further submission that though the
petitioner has remained in custody since 24.03.2024, the trial
has not proceeded after the framing of the charge in the year
2024 itself.
8. Learned APP, Mr. Ashok Kumar Singh opposes the
prayer submitting that the petitioner has confessed before the
Police that due to money issue, he alongwith his associates
played an important role in killing of the informant’s son after
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the deceased took overdose of the injection.
9. In this case, the Trial Court Report was called for
and as per the report no. 148 dated 26.09.2025, the charge has
been framed on 18.11.2024 and the office was directed to issue
summons against the charge-sheet witnesses and as the
prosecution failed to bring forward the witnesses, bailable
warrants were also issued but due to non-cooperation of the
prosecution side, the trial has not commenced.
10. Learned Senior Counsel submits that he has
suffered by being in custody for almost two years, has no
criminal antecedent, if granted bail, he shall be diligently
appearing in trial without fail, shall not leave the district and
failure to do so, the prosecution side shall be free to take steps
for cancellation of his bail bond.
11. Taking into account the submissions of the parties
as also the fact that despite the petitioner being in custody since
24.03.2024, the trial has not commenced though charges
framed, he has no criminal antecedent, an undertaking has been
given that he shall be diligently appearing in trial and shall
remain available by being in the district itself, in that
background, this Court is inclined to extend him the privilege of
bail with conditions.
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12. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional
Sessions Judge-II Danapur, in connection with S.T. No. 1368
of 2024 arising out of Danapur P.S. Case No. 288 of 2024
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter I.D./Driving License/Pan Card
etc.) to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month till conclusion of the trial to mark
his attendance and at the end of the period a certificate be
submitted before the Trial Court failing which the State shall be
at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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