Patna High Court
Sonu Kumar Singh @ ShambhuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
Petitioner Sonu Kumar Singh was arrested in connection with a case involving the disappearance and alleged murder of Raja Kumar, the son of the informant. The prosecution's case relied mainly on the statement of the petitioner's sister, Riya Devi, who alleged an honor killing by the petitioner and a co‑accused. The petitioner contended that he was falsely implicated, that no material evidence besides the sister's testimony existed, and that he had been in judicial custody since July 2025. The learned counsel argued that bail should be decided on the merits of the allegations and the evidence, not merely on the length of custody, drawing a parallel with a prior bail order in a similar case. After considering the limited evidential basis and the period of detention, the court granted bail to the petitioner on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences (IPC §§ 363, 302, 120(b), 379) and the reliance on a single witness statement.
Legislation cited
- Indian Penal Code — s. 120(b), 302, 363, 379
Subjects
- bail
- honour killing
- murder
- criminal conspiracy
- Indian Penal Code
- custodial detention
- witness statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77904 of 2025
Arising Out of PS. Case No.-389 Year-2024 Thana- SONEPUR District- Saran
======================================================
Sonu Kumar Singh @ Shambhu s/o Shyamnandan Singh Resident of village-
Birpur Singhara, P.S.- Mahua, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Informant : Ms. Aashi Wats, Advocate
Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection with
Sonepur (Sonpur) P.S. Case No. 389 of 2024 registered for the
offence punishable under Section 363 of the Indian Penal Code
and later on Sections 302, 120(b), 379 of the Indian Penal Code
has also been added.
3. The case of the prosecution, in short, is that the son
of the informant, namely, Raja Kumar (deceased), has gone with
his Swift Desire car on booking. When he did not return till 11:15
PM, the informant called her relatives. Raja Kumar (the deceased)
also had a mobile. When she called on his mobile, the call was
picked up by a girl, and she disclosed that this number does not
Patna High Court CR. MISC. No.77904 of 2025(3) dt.30-01-2026
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belong to the deceased. It is further submitted in the FIR that the
deceased was carrying Rs. 60,000/- with him. The case was filed
against unknown miscreants.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that during the course of
investigation, the spy has disclosed the name of the petitioner. The
petitioner has also given his confessional statement. Further, the
sister of the petitioner, namely Riya Devi, has given her statement
recorded under Section 180 of the BNSS before police.
5. He further submits that the case of the prosecution is
based merely on the statement of Riya Devi. Riya Devi, in her
statement, has stated that she was having a relationship with the
deceased. When the deceased and her husband came to know
about this relationship, the petitioner and one Ranjeet Kumar @
Praduman has killed the deceased. She has further stated that the
deceased had gone with Rs. 80,000/-.
6. She has also stated that the calls from the mobile
phone of the deceased were forwarded to her mobile phone;
however, from her statement, it is clear that she has not seen any
occurrence. She has further stated that the killing was an honour
killing committed by the petitioner, as that he himself had stated
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that he has killed the deceased to save his prestige in society and
threatened her with consequences if she disclosed the same to the
police. Save and except the statement of this witness, namely Riya
Devi, there is nothing against the petitioner. A report has been
called for from the learned trial court, which goes to show that
two witnesses have been examined in this case. Moreover, the
petitioner is languishing in judicial custody since 01.07.2025.
7. The application for bail is opposed by the learned
counsel for the informant and learned APP for the State. Learned
counsel for the informant has submitted that the case of this
petitioner is not similar to that of Ranjeet Kumar who has been
granted bail by this Court in Cr. Misc. No. 47991 of 2025. Ranjeet
Kumar was in custody since 29.12.2024. The period of custody of
this petitioner is not similar.
8. Countering this, learned counsel for the petitioner
has submitted that custody is not the basis for bail rather basis for
bail is the allegation and the materials collected during
investigation. Similar materials are against this petitioner also as
that of Ranjeet Kumar.
9. Having heard learned counsel for the parties and
considering the facts and circumstances of the case and the period
of custody, this Court is inclined to enlarge the petitioner on bail.
The above named petitioner is directed to be enlarged on bail on
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furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with
two sureties of the like amount each to the satisfaction of the
learned D & ASJ-VIII, Saran at Chapra in connection with
Sonepur (Sonpur) P.S. Case No. 389 of 2024.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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