Patna High Court
Sonu Kumar @ Sonu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner, subject to conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Sonu Kumar, sought bail in a criminal case (PS Case No. 311 of 2024) alleging his involvement in the death of an informant's husband, who allegedly died after being taken away with the petitioner and a co-accused. The informant claimed the accused administered poison, but the post‑mortem report showed no internal or external injuries and the cause of death could not be ascertained. The petitioner’s counsel argued that the case is based solely on suspicion, there is no eye‑witness, and an affidavit filed by the informant exonerates the petitioner; his prior convictions relate only to the Bihar Prohibition and Excise Act, 2018. The State opposed bail, contending the seriousness of the alleged offences under Sections 108, 123 and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. After considering the submissions and the lack of forensic evidence, the court granted bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, including a family member as a bailor.
Issues considered
- What is the appropriate basis for granting bail when the case rests largely on suspicion and lacks forensic evidence?
- Does Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, apply to the bail of the petitioner in this case?
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 108, 123, 3(5), 482(2)
Subjects
- bail
- suspicion
- post‑mortem
- poisoning
- Section 482(2)
- Bharatiya Nagrik Suraksha Sanhita
- high court
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73596 of 2025
Arising Out of PS. Case No.-311 Year-2024 Thana- DESARI District- Vaishali
======================================================
Sonu Kumar @ Sonu Kumar Singh S/o Late Surya Narayan Singh R/o
Village- Khorampur, P.S.- Chandpura (O.P. Desari), District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Atul Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard the paries.
2. The petitioner apprehends his arrest in connection
with Desari P.S. Case No. 311 of 2024, registered for the
offences punishable under Sections 108, 123 and 3(5) of the
BNS.
3. Allegedly, on the fateful day, the husband of the
informant, who works as a Driver of four-wheeler, was taken
away by co-accused Prakash Singh along with the petitioner.
However, after two hours, when the husband of the informant
came back, he was feeling unwell and lost his eyesight. The
informant’s husband was taken to the Hospital where he was
declared dead. The informant suspected that both the accused
persons have killed her husband by administering a poisonous
substance.
Patna High Court CR. MISC. No.73596 of 2025(3) dt.11-02-2026
2/3
4. Learned Advocate for the petitioner submitted that
the petitioner has nothing to do with the present occurrence,
moreover the entire case falls to the ground for the simple
reason that during post mortem, no internal or external injuries
have been found and since the cause of death could not be
ascertained; hence viscera has been preserved. There is no eye
witness to the alleged occurrence, who has seen that the
petitioner or any of the person have administered any poisonous
substance. Only on account of the fact that the husband of the
informant went along with the co-accused and the petitioner, a
suspicion has been raised. However, later on when the informant
came to know about the true fact, she filed an affidavit showing
innocence of the petitioner. The petitioner bears two criminal
antecedent, however both relates to Bihar Prohibition and
Excise Act, 2018.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the fact that the entire case is based on suspicion, coupled
with the post mortem report which suggests no external or
internal injury, let the petitioner abovenamed be released on
Patna High Court CR. MISC. No.73596 of 2025(3) dt.11-02-2026
3/3
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 Chief Judicial
Magistrate, Vaishali at Hajipur in connection with Desari P.S.
Case No. 311 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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