Patna High Court
SONU KUMAR @ SONU KUMAR PASWANversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Arms Act — s. 25(1-b)a, 26
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 399, 402
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
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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
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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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