Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 127(1), 127(2), 190, 191(2)
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
2/4
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
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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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