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Patna High Court

SONU KUMAR @ SONU KUMAR PASWANversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of any material evidence beyond the co‑accused confessions, the petitioner is entitled to bail.

Summary

Petitioner Sonu Kumar Paswan sought bail in a case registered under Sections 399 and 402 of the IPC and Sections 25(1‑b)a and 26 of the Arms Act after a police raid recovered a country‑made pistol and motorcycles. The only link to the petitioner was the confessional statements of two arrested co‑accused, who named him, while the petitioner claimed his motorcycle was taken by a friend and that no other material implicated him. The State opposed bail, arguing the confessions were sufficient. The Court examined the submissions and noted the absence of any independent evidence against the petitioner, coupled with his clean antecedents and young age. Consequently, the Court ordered his release on bail subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the confessional statements of co‑accused alone constitute sufficient material to deny bail to the petitioner.
  • Whether there is any other evidence linking the petitioner to the offences under Sections 399, 402 IPC and the Arms Act.
  • Whether the petitioner’s antecedents and lack of corroborative evidence justify the grant of bail.

Legislation cited

Subjects

  • bail
  • confessional statement
  • dacoity
  • arms act
  • criminal procedure
  • antecedent
  • police raid

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49922 of 2025
                   Arising Out of PS. Case No.-72 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 SONU KUMAR @ SONU KUMAR PASWAN Son of Rajkumar Paswan
                 Resident of Village - Ibrahimpur, Police Station - Paharpur, District - East
                 Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sarvesh Kashyap
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

6   21-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Harsidhi P.S. Case No. 72 of 2024, registered for the

                   offences punishable under Sections 399, 402 of the India Penal

                   Code and Sections 25(1-b)a, 26 of the Arms Act.

                                3. The police, on a tip off assemblage of miscreants

                   nearby a bridge who were making a plan to commit some crime,

                   conducted raid. However, noticing the police party some of the

                   persons succeeded in fleeing away and two of them namely,

                   Guddu Kumar and Vishal Kumar were apprehended. In course

                   of search, one countrymade pistol and three motorcycles, which

                   were parked at the place of occurrence, were seized.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.49922 of 2025(6) dt.21-01-2026
                                            2/3




          only on account of confession having been made by the

          apprehended persons, the name of the petitioner has been

          implicated in this case. Moreover, on the alleged date of

          occurrence, the motorcycle of the petitioner was taken away by

          one of his friend, namely, Vishal Kumar, and he has nothing to

          do with the present occurrence. During the course of

          investigation, no other materials have collected which suggest

          the complicity of the petitioner in the crime. The petitioner bears

          fair antecedent and he is only aged about 23 years; now

          undertakes before this Court that he will fully cooperate in the

          proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          name of the petitioner has been disclosed by the apprehended

          persons from whose possession countrymade pistol was

          recovered.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the fact that save and except the confessional statement of

          the apprehended persons, there is no material suggested that the

          petitioner is anyhow involved in the crime, besides the fair

          antecedent of the petitioner, let the petitioner abovenamed be
           Patna High Court CR. MISC. No.49922 of 2025(6) dt.21-01-2026
                                                       3/3




                     released on bail, in the event of his arrest or surrender before the

                     court below within a period of four weeks from the date of

                     receipt/production of a copy of this order, upon furnishing bail

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

                     amount each to the satisfaction of the learned             Judicial

                     Magistrate, 1st Class, Motihari, East Champaran in connection

                     with Harsidhi P.S. Case No. 72 of 2024, subject to the

                     conditions laid down in Section 482(2) of the Bharatiya Nagrik

                     Suraksha Sanhita, 2023, with the further condition that one of

                     the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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