Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Sonu Kumar was arrested on 30 August 2024 in connection with a murder case (Sections 302 and 328 IPC) based on FIR No. 929/2025. The petitioner argued that the FIR was lodged after the post‑mortem report, that no eyewitnesses were produced and that the accusation was based merely on suspicion. The State, supported by the informant, contended that the forensic report corroborated the charge and highlighted the petitioner’s prior criminal history. The High Court examined the lack of substantive evidence and the prolonged custody, and consequently ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order emphasized that bail should not be delayed for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences (Sections 302 and 328 IPC) and the existence of prior cases.
- Whether the FIR, lodged after the post‑mortem, provides sufficient basis to justify continued detention.
- Whether the lack of eyewitness testimony and reliance on suspicion warrant denial of bail.
Legislation cited
- Indian Penal Code — s. 302, 328
Subjects
- bail
- murder
- suspicion
- FIR
- post‑mortem
- criminal antecedent
- Section 302 IPC
- Section 328 IPC
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78810 of 2025
Arising Out of PS. Case No.-289 Year-2024 Thana- PARSABAZAR District- Patna
======================================================
Sonu Kumar S/o Devendra Paswan R/o Village - Khaprail Chak, Parsa Bazar,
P.S - Parsa Bazar, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate
: Mr.Bijay Kumar, Advocate
For the Opposite Party/s : Mr.Rajesh Kumar, APP
For the Informant : Mr. Niranjan Parihar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-03-2026 Heard Mr. N.K.Agrawal, learned senior counsel
appearing for the petitioner, learned counsel for the informant
and Mr.Rajesh Kumar, learned Additional Public Prosecutor for
the State.
2. The petitioner seeks bail, who is in custody since
30.08.2024 in connection with S.Tr.No.929/2025 arising out of
Parsa Bazar P.S. Case No. 289 of 2024, F.I.R. dated 14.06.2024
registered for the offence punishable under Sections 302,328 of
Indian Penal Code.
3. Earlier the prayer for bail of the petitioner was
rejected on 16.05.2025 passed in Cr. Misc. No. 14528 of 2025
by a Coordinate Bench of this Hon’ble Court.
4. Learned senior counsel appearing for the petitioner
Patna High Court CR. MISC. No.78810 of 2025(5) dt.23-03-2026
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submits that it appears from the FIR that the name of the
petitioner has been transpired during investigation on the basis
of suspicion and no one has seen the occurrence and merely on
the basis of suspicion, the petitioner has been made accused in
the present case. Learned counsel for the petitioner submits that
it appears from the FIR that the date of occurrence as alleged in
the FIR is 13.06.2024 at 3.30 PM but the present FIR has been
instituted on 14.06.2024 at 09.00 PM and before lodging of the
FIR, the postmortem was conducted on 14.06.2024 at 11.00
AM. Learned counsel for the petitioner submits that the present
FIR has been instituted after the postmortem report which
suggests that after knowing the cause of death, the petitioner has
been made accused in the present occurrence afterthought only
to falsely implicate the petitioner and except the suspicion, no
other cogent material has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 30.08.2024.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner and submits that the petitioner is involved in
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the present crime in question, apart from that, the FSL report
also confirms that the cause of death as well as in the FIR.
Further submits that the petitioner carries four more cases other
than the present one but fairly submits that the petitioner is on
bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts as well as period of
custody, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional District and Sessions Judge-I, Civil Court, Patna in
connection with S.Tr.No.929/2025 arising out of Parsa Bazar
P.S. Case No. 289 of 2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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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.
(Rajesh Kumar Verma, J)
Nitesh/-
U
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