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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions, finding that the allegations against him were general, the FIR was delayed, and there was insufficient direct evidence to justify denial of bail.

Summary

The petitioner, Sonu Kumar, was arrested in connection with an alleged assault and armed attack on an informant's husband, for which he faces charges under several sections of the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution described a violent incident involving multiple accused, but the petitioner’s counsel argued that no specific allegation was made against him, there were no eyewitnesses, and the FIR was lodged a month after the incident without explanation. The counsel also highlighted the petitioner’s prior bail grants in other cases and the lack of direct evidence linking him to the assault. The court considered these factors, noting the general and omnibus nature of the accusations and the procedural delay, and decided to grant bail subject to strict conditions, including sureties, regular reporting, and non‑tampering with evidence. The bail order was issued with a bond of Rs. 10,000 and two sureties, and the application was allowed.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the delay in filing the FIR and the lack of specific allegations against the petitioner justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • evidence
  • procedural delay
  • Bharatiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4581 of 2026
                     Arising Out of PS. Case No.-67 Year-2025 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 Sonu Kumar Son of Jittu Yadav @ Indal Yadav @ Chitu Yadav Resident of
                 Village- Pathraura, P.S.- Noorsarai, District- Nalanda
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER
2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Noorsarai P.S. Case No. 67 of 2025, dated 07-02-2025 instituted

                   for the offence punishable under Sections 191(2), 190, 127(1),

                   127(2), 115(2), 117(2) and 109 of the Bharatiya Nyaya Sanhita

                   and Section 27 of the Arms Act.

                                3.     The prosecution case, in short,               is that on

                   07.01.2025, at about 9:00 AM, five accused persons including

                   the petitioner attacked the tempo of the informant’s husband

                   near Kulrauri Pathraura. The accused persons broke the

                   vehicle’s glass with rods, beat him severely and even shot at him

                   rendering him unconscious. The informant’s husband was

                   rescued by villagers and the police admitted him to the hospital

                   for treatment.
Patna High Court CR. MISC. No.4581 of 2026(2) dt.28-01-2026
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                       4.Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. The allegation of assault has been levelled against

          all five FIR-named accused persons, including the petitioner.

          However, there is no specific allegation attributed against the

          petitioner; rather, the allegations against him are general and

          omnibus in nature. It is further submitted that there is no

          eyewitness to the alleged occurrence. The occurrence is stated

          to have taken place on 07.01.2025, whereas the FIR was lodged

          on 07.02.2025, after an unexplained delay of one month, for

          which no plausible explanation has been given                by the

          prosecution. Referring to the injury report of the informant’s

          husband, annexed as Annexure P/2, it is submitted that he

          sustained multiple grievous injuries, including fracture on the

          distal shaft of the left tibia and fibula, a fracture on the shaft of

          the mid-humerus of the left shoulder as well as a fracture on the

          distal radius and ulna of the left arm. Although the injuries are

          described as grievous in nature, they are stated to have been

          caused by a hard and blunt object. Lastly, it is submitted that

          the petitioner has been in judicial custody since 26.11.2025. He

          has four criminal cases pending against him, in all of which he

          has already been granted bail.
Patna High Court CR. MISC. No.4581 of 2026(2) dt.28-01-2026
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                       5. Learned A.P.P. has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial Magistrate,

          Nalanda at Biharsharif, in connection with Noorsarai P.S. Case

          No. 67 of 2025, subject to the following conditions: (i) that the

          petitioner shall co-operate in the trial and shall be properly

          represented on each and every date fixed by the Court and on

          his absence on two consecutive dates without sufficient reason,

          his bail bond shall be cancelled by the court below, (ii) that one

          of the bailors will be his own blood relation, preferably father,

          mother, brother, sister and or his wife, (iii) that the bailor shall

          also state on affidavit that he will inform the court concerned if

          the petitioner is made accused in any other case of similar

          nature after his release in the present case and thereafter the

          court below will be at liberty to initiate the proceeding for

          cancellation of bail on ground of misuse (iv) that if the

          petitioner tampers with the evidence or the witnesses, in that

          case, the prosecution will be at liberty to move for cancellation

          of bail and (v) that the petitioner will appear before the SHO of
           Patna High Court CR. MISC. No.4581 of 2026(2) dt.28-01-2026
                                                       4/4




                     concerned PS in the first week of each month till the framing of

                     charge in this case.

                                  7. The application stands allowed.


                                                  (Khatim Reza, J)

shyambihari/-

U      T


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