Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered the release of the petitioner on bail with a bond of Rs. 25,000 and two sureties, subject to conditions.
Summary
Sonu Kumar was arrested in connection with a robbery and shooting incident where a motorcycle was snatched at gunpoint, resulting in injury to the owner. He is charged under IPC Sections 393 (dacoity) and 307 (attempt to murder) and Section 27 of the Arms Act. The petitioner, a 20‑year‑old with a clean record, had earlier sought anticipatory bail which was denied, and has been in custody since November 2025. His counsel argued that the confessional statement of a co‑accused lacks evidentiary value and that prolonged detention could expose him to hardened criminals. The State opposed bail, but the court, considering the petitioner’s background and the circumstances, granted regular bail on a bond of Rs. 25,000 with two sureties, one of whom is his father, subject to cancellation if he attempts to delay the trial.
Issues considered
- Whether bail should be granted to an accused of dacoity, attempt to murder and illegal possession of arms pending trial
- Whether a confessional statement of a co‑accused can be used against the petitioner
- Whether the earlier rejection of anticipatory bail can be revisited
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 393
Subjects
- bail
- anticipatory bail
- dacoity
- attempt to murder
- arms act
- confessional statement
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4582 of 2026
Arising Out of PS. Case No.-155 Year-2023 Thana- GWALPARA District- Madhepura
======================================================
Sonu Kumar S/o Kailash Yadav R/o Village- Defra, PS- Gwalpara (Arar OP),
District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Vaishali, Adv
Mr. Rajeev Kumar Singh, Adv
Mr. Akash Vardhan, Adv
Mr. Mohit Ranjan, Adv
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioner, Ms.
Vaishali and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 393 and 307 of the Indian
Penal Code as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner, Ms. Vaishali,
submits that this is her maidan appearance and if any mistake is
committed during the course of argument, the same be
condoned by the sweet temper of the Hon’ble Bench.
4. Learned counsel for the petitioner next submits that
petitioner is a person with clean antecedent and the informant
alleges that while he was returning to his house on his
Patna High Court CR. MISC. No.4582 of 2026(2) dt.22-04-2026
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motorcycle when he was intercepted by four accused persons
and they snatched his motorcycle on gun point and at the same
time, one of the miscreants fired causing injury, on hearing the
sound of firing, villagers gathered when three miscreants
managed to escape from the spot and one accused was caught
by the villagers on chase, thereafter police came and informant
was taken to hospital.
5. Learned counsel for the petitioner submits that
petitioner had earlier moved before this Court seeking
anticipatory bail by filing Cr. Misc No. 72025 of 2025 and the
same came to be rejected by an order dated 1-11-2025. It is next
submitted that petitioner is in custody since 10-11-2025 and the
charge-sheet has been submitted. It is reiterated and submitted
that petitioner is a person with clean antecedent and his name
transpired in the confessional statement of apprehended-accused
in police custody which does not have any evidentiary value. It
is also submitted that petitioner is a young boy aged about 20
years and if his incarceration is prolonged, chances are bright
that he may come in contact with hardened criminals. It is next
submitted that if privilege of regular bail is granted to the
petitioner, the petitioner will not abscond rather will co-operate
in the trial to prove his innocence.
Patna High Court CR. MISC. No.4582 of 2026(2) dt.22-04-2026
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6. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
7. Considering the submission made by learned
counsel for the petitioner, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty-five Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Gwalpara (Arar
O.P) P.S. Case No. 155 of 2023.
8. One of the bailors of the petitioner shall be his
father, Kailash Yadav.
9. However, it is made clear that if the learned trial
court comes to a conclusion that the petitioner after his release
is trying to delay the trial in any manner, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
Sumit/-
U T
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