Patna High Court
Sonu Singh @ Sonu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs 10,000 and conditions under Section 480(3) of the B.N.S.S.
Summary
Sonu Singh applied for bail in a kidnapping‑for‑ransom case (Sections 364‑A and 34 IPC) where he was not named in the FIR but was implicated through a confessional statement of a co‑accused. He had been in custody since 5 March 2025 and no incriminating material was recovered from him; the victim’s statement under Section 164 CrPC did not implicate him. The co‑accused, Bihari Kumar Singh, had already been granted bail, and the investigation was complete, reducing any risk of evidence tampering. The court noted the suspicion arising from the co‑accused’s confession but, considering the lack of material evidence and the petitioner’s other bail status, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and further cooperation requirements.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated solely by a co‑accused’s confessional statement.
- Whether the absence of incriminating material and the completion of investigation justify granting bail.
Legislation cited
- B.N.S.S. — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 364-A
Subjects
- bail
- kidnapping for ransom
- confessional statement
- co‑accused
- IPC
- CrPC
- Section 364-A
- Section 34
- Section 164
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41474 of 2025
Arising Out of PS. Case No.-195 Year-2021 Thana- SHAMBHUGANJ District- Banka
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Sonu Singh @ Sonu Kumar Singh S/o- Janardan Singh Resident of village-
Milki Ps- Haveli kharagpur gangta District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Najmul Hodda
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 05-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Shambhuganj P.S. Case No. 195 of 2021 registered for the
offences under Sections 364-A/34 of the IPC.
3. The petitioner is not named in the F.I.R. and is in
custody since 05.03.2025.
4. As per FIR, six unknown miscreants abducted the
son of informant and demanded Rs. 7 lakhs as ransom against his
release.
5. Learned counsel appearing on behalf of the petitioner
submitted that name of petitioner transpired during the course of
investigation on the basis of confessional statement of
apprehended co-accused namely Bihari Kumar Singh, in
furtherance of which no incriminating material recovered from his
possession. It is submitted that victim while recording his
statement under Section 164 of the Cr.P.C. failed to name or state
anything incriminating suggesting involvement of petitioner qua
crime in question. It is further pointed out that said co-accused
Patna High Court CR. MISC. No.41474 of 2025(4) dt.05-02-2026
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Bihari Kumar Singh has already granted bail by one of the learned
Co-ordiante Bench of this Court through Cr. Misc. No.56339 of
2022 dated 15.02.2023. Petitioner was not put on TIP as yet.
While concluding the argument it is submitted that, petitioner
found involved in one more case, where he is on bail and
moreover, investigation of this case has already completed, and as
such, there is no chance of tampering with the evidence.
6. Learned APP, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of fact as save and except suspicion arising out of
confessional statement of co-accused as mentioned aforesaid,
coupled with the fact as petitioner remains in custody since
05.03.2025, accordingly above named petitioner, is directed to be
released on bail in connection with Shambhuganj P.S. Case No.
195 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. IV, Banka/concerned court,
subject to the conditions as mentioned under Section 480(3) of
the B.N.S.S. with further conditions:-
(i) The petitioner shall cooperate in the disposal
of trial and make himself available as and when
required by the court.
(ii) If the petitioner is found involved in future
in the similar type of offence, the prosecution
Patna High Court CR. MISC. No.41474 of 2025(4) dt.05-02-2026
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will have liberty to file an application before the
court below for cancellation of the bail of the
petitioner and the learned court below will take
decision in accordance with law.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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