Patna High Court
Sonu Mafia @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed by the Court.
Summary
The petitioner, Sonu Mafia, sought anticipatory bail fearing arrest in a case involving alleged threats, extortion of Rs.20 lakh, and offences under several sections of the Bihar Negotiable Securities Act and the Arms Act. The prosecution alleged that five unknown persons threatened a hospital construction site and demanded money, and the petitioner’s name emerged from a spy’s statement and a co‑accused’s testimony, though he was not named in the FIR and no material was recovered from him. The petitioner argued the allegations were false, highlighted his lack of direct involvement, and disclosed a prior criminal antecedent (sections 406 and 420) for which he was already on bail. The State opposed the anticipatory bail. The High Court, applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., granted anticipatory bail with specific conditions regarding sureties, personal appearance, and possible cancellation for future offences or concealment of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations and his prior criminal antecedent.
Legislation cited
- Arms Act, 1959 — s. 27
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- bail conditions
- extortion
- arms act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69002 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Sonu Mafia @ Sonu Kumar Son of Shivendra Paswan Resident of village -
Jagjiwanpur, P.S.- Sarmera, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Kumar, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Deepnagar P.S. Case No. 45 of 2025 registered for the offences
under Sections 191(2), 191(3), 190, 126(2), 352, 308(4) of the
B.N.S and under Section 27 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that during the construction of the minority hospital, five
unknown persons came to the site and threatened to stop the
work and also resorted to firing. It is further alleged that on the
same day at around 7 P.M. from an unknown mobile number,
extortion money of twenty lakh rupees was demanded.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R. and the allegation against
Patna High Court CR. MISC. No.69002 of 2025(4) dt.21-01-2026
2/4
him is false and concocted. It has further been submitted that the
name of the petitioner transpired during the investigation,
wherein his name has surfaced on the statement of a spy and
subsequently in the statement of the co-accused, namely, Tunni
Yadav, who is said to have stated that the petitioner is also an
accomplice. It has next been submitted that nothing has been
recovered from the possession of the petitioner or from his
house. It has lastly been submitted that the petitioner has one
criminal antecedent, which is under Sections 406 and 420 and
he is on bail in the same.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Deepnagar P.S. Case
No. 45 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
Patna High Court CR. MISC. No.69002 of 2025(4) dt.21-01-2026
3/4
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned 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.
Patna High Court CR. MISC. No.69002 of 2025(4) dt.21-01-2026
4/4
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…