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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.78810 of 2025(5) dt.23-03-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.78810 of 2025(5) dt.23-03-2026
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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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