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Patna High Court

Sonu Kumar Yadav @ Sonu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                 ======================================================
                 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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