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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and compliance with conditions under Section 482(2) of the B.N.S., 2023.

Summary

Sonu Kumar applied for anticipatory bail after being implicated in a theft case (Riga P.S. Case No. 119 of 2025) involving loss of Rs. 34 lakh, based primarily on the confessional statement of co‑accused Guddu Kumar. The prosecution alleged that an unknown thief stole rods, coils and wire from the informant's go‑down. The petitioner argued that no incriminating material was recovered from his residence, which was searched in his absence, and that he has a clean antecedent. The Additional Public Prosecutor opposed the bail. The court, noting the absence of seized evidence and the petitioner’s willingness to comply with conditions, granted anticipatory bail under Section 482(2) of the B.N.S., 2023, subject to a bail bond and sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S., 2023 despite the allegations based on a co‑accused's confession.
  • Whether the lack of material recovery from the petitioner’s premises warrants the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • confessional statement
  • Section 482
  • criminal procedure
  • bail conditions
  • no recovery
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56678 of 2025
                        Arising Out of PS. Case No.-119 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Sonu Kumar S/O Madan Rai R/O Village- Kurhar, P.S.- Bokhra, District-
                 Sitamarhi
                                                                     ... ... Petitioner/s
                                             Versus
           1.     The State of Bihar
           2.     Amrendra Kumar Baidyanath Prasad R/o Vill-Ramnagara, P.O.- Siraili-2,
                  P.S.-Riga, Dist.- Sitamarhi
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amrit Abhijat, Adv.
                 For the Opposite Party/s :        Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   21-01-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Riga P.S. Case No. 119 of 2025 dated 21.03.2025

                   registered for the offences punishable under Section/s 334(1),

                   303(2), 3(5) of the B.N.S., 2023 and, later on, added Section

                   317(5) of the B.N.S., 2023.

                           3. As per the prosecution case, unknown thief has

                   committed theft of rod, coil, wire etc. worth Rs. 34,00,000/-

                   from the go-down of the Informant by cutting the lock.

                           4. Learned counsel for the petitioner submits that the

                   name of the petitioner has transpired in this case on the basis of

                   the confessional statement of the co-accused Guddu Kumar,
              Patna High Court CR. MISC. No.56678 of 2025(4) dt.21-01-2026
                                                          2/2




                        while there is no recovery made from the house of petitioner,

                        which was put on search in his absence. The petitioner is a

                        person of clean antecedent and is ready to abide by the terms

                        and conditions imposed in this case, in case the benefit of

                        privilege of anticipatory bail is extended to him.

                                5. Learned APP for the State opposes the prayer for

                        anticipatory bail application.

                                6. Having heard learned counsel for the parties and

                        considering the fact that nothing incriminating has been

                        recovered from the house of the petitioner, let the petitioner,

                        above named, be released on anticipatory bail in the event of his

                        arrest or surrender before the court below within a period of four

                        weeks from today on furnishing bail bond of Rs. 10,000/-

                        (rupees ten thousand) with two sureties of the like amount each

                        to the satisfaction of learned Additional Chief Judicial

                        Magistrate-VI, Sitamarhi in connection with Riga P.S. Case No.

                        119 of 2025 subject to the condition as laid down under Section

                        482(2) of the B.N.S.S.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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