Patna High Court
Sonu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Sonu Singh was arrested on 9 October 2024 in connection with a case alleging that he induced an informant's daughter to elope, constituting offences under Sections 366(a) and 34 of the Indian Penal Code. The petitioner claimed a clean antecedent, asserted that the FIR was fabricated, and argued that the victim's statement recorded under Section 183 was vague. The State opposed the bail application, contending the seriousness of the alleged kidnapping and conspiracy. The court examined the nature of the offences, the length of custody, and the petitioner's claim of false allegations. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail order was made subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted in a case involving alleged kidnapping and criminal conspiracy under Sections 366(a) and 34 IPC.
- Whether the alleged false FIR and the petitioner's clean antecedent justify release on bail.
Legislation cited
- Indian Evidence Act, 1872 — s. 183
- Indian Penal Code — s. 34, 366(a)
Subjects
- bail
- kidnapping
- criminal conspiracy
- Indian Penal Code
- Section 366
- Section 34
- false FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66088 of 2025
Arising Out of PS. Case No.-21 Year-2024 Thana- Bahoranpur District- Bhojpur
======================================================
Sonu Singh S/o Santosh Singh R/o Village - Hematpur, P.S.- Dhobaha,
District - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Laxman Chaubey S/o Late Parash Chaubey R/o Village - Paharpur, P.S.-
Bahoranpur, District - Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-03-2026 Heard Mr. Ajay Kumar Singh, learned counsel for
the petitioner as well as Ms. Sangeeta Sharma, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.10.2024 in connection with Bahoranpur P.S. Case No. 21 of
2024, F.I.R. dated 30.05.2024 for the offences punishable under
Sections 366(a), 34 of the Indian Penal Code.
3. According to prosecution case, it is alleged that the
petitioner was involved in inducing the daughter of the
informant to elope on the pretext of marriage.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.66088 of 2025(5) dt.19-03-2026
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implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. The statement of the victim was recorded under Section
183 BNSS in which she has stated that she has suo motto gone
to the room of the petitioner and apart from that she did not
alleged anything specific against the petitioner. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
09.10.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M-
VII, Bhojpur, Ara in connection with Bahoranpur P.S. Case No.
21 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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