Patna High Court
Sonu Kumar @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail could not be granted as the allegations were serious and the confessional statement provided sufficient ground for arrest.
Summary
Sonu Kumar, a resident of Dihari village, feared arrest in a case originally registered under Section 140(B) of the B.N.S., later amended to include Sections 103(1), 238 and 61(2). He was not named in the FIR, but his name emerged from the confessional statement of co‑accused Rishi Kumar, who alleged that Kumar participated in the assault and subsequent disposal of a dead body. The petitioner filed an application for anticipatory bail, arguing that the material against him was derived solely from the co‑accused’s statement and that he was not formally charged. The Court examined the credibility of the confessional statement, the seriousness of the offences, and the statutory provisions governing anticipatory bail. Finding that the allegations were serious and that the confession, though uncorroborated, provided a basis for arrest, the Court rejected the anticipatory bail plea. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- What is the appropriate standard for granting anticipatory bail when the petitioner is implicated solely through a co‑accused's confessional statement?
- Does the inclusion of serious offences under Sections 103(1), 238 and 61(2) of the B.N.S. preclude the grant of anticipatory bail?
Legislation cited
- B.N.S. — s. 103(1), 140(B), 238, 61(2)
Subjects
- anticipatory bail
- confessional statement
- FIR
- serious offences
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77233 of 2025
Arising Out of PS. Case No.-520 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Sonu Kumar @ Sonu son of Late Arjun Singh Resident of Village- Dihari PS-
Sandesh, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anant Kumar Pandey
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Section 140(B) of
B.N.S. and later on, Sections 103(1), 238, 61(2) of B.N.S. were
added.
3. Petitioner is not named in the F.I.R. Name of the
petitioner surfaced during investigation in the confessional
statement of co-accused Rishi Kumar @ Nand Lal Raj, who
stated that this petitioner along with other accused persons
assaulted son of informant brutally and thereafter, in order to
conceal the evidence, threw his dead-body in a canal, from
which the dead-body was recovered.
4. Considering the material, which has been collected
during investigation, the prayer for anticipatory bail of
Patna High Court CR. MISC. No.77233 of 2025(3) dt.13-01-2026
2/2
petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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