Patna High Court
Sonu Kumar Yadav @ Sonu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Sonu Kumar Yadav sought bail in a case registered under Sections 103(1) & 3(5) of the BNS Act and Section 27 of the Arms Act, alleging that he was falsely implicated in the murder of an informant's father. The prosecution’s case rests on the informant’s claim that several Yadavs, including the petitioner, killed his father, and on confessional statements of co‑accused naming the petitioner, although his name does not appear in the FIR. The petitioner contended he had no enmity with the deceased, was innocent, and had been in judicial custody since 22‑Oct‑2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court, considering the lack of direct evidence and the circumstances, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the BNS Act and Arms Act and the existence of confessional statements naming him
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- BNS Act
- confessional statement
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4925 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
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Sonu Kumar Yadav @ Sonu Yadav S/O Ramesh Yadav R/O Village-
Kewatiya, P.S- Krishnagarh, Distt.- Bhojpur Ara. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarveshwar Tiwary, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Udwant Nagar P.S. Case No. 495 of 2025 registered for the
offence punishable under Sections 103(1) & 3(5) of the BNS
and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
dead body of the father of the informant was lying in pool of
blood and he was dead. The informant believes that Bunty
Yadav, Bhola Yadav, Shree Ram Yadav, Prabhat Yadav, Ritesh
Yadav, Vikash Yadav and Heera Devi have killed his father.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that name
of this petitioner does not find place in the FIR. During course
Patna High Court CR. MISC. No.4925 of 2026(2) dt.04-02-2026
2/2
of investigation co-accused Vikash and Prabhat have given their
confessional statement and they have named this petitioner.
Learned counsel for the petitioner has submitted that the
petitioner was having no enmity with the deceased or informant.
Save and except confessional statement of accused persons there
is nothing against this petitioner. Learned counsel for the
petitioner has submitted that the petitioner is in judicial custody
since 22.10.2025.
5. The application for bail is opposed by learned APP
for the State and he has submitted that the petitioner is having
criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Bhojpur at Ara in connection with Udwant
Nagar P.S. Case No. 495 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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