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Patna High Court

Sonu Mafia @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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          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
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                                  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


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