Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bail bond of Rs. 10,000 and two sureties of equal amount.
Summary
The petitioner, Sonu Kumar, was arrested in connection with the death of a young man whose body was found in a ditch, and a case was registered under Section 103(1) of the B.N.S., 2023. The informant, father of the deceased, did not identify the petitioner as the assailant during witness testimony. The petitioner has been in custody since 20 September 2024 and a chargesheet has been filed. The State opposed the bail application, citing the seriousness of the accusation. The Court, after considering the nature of the accusation and the period of custody, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 103(1) of the B.N.S., 2023 given the nature of the accusation and the period of custody.
Legislation cited
- B.N.S., 2023 — s. 103(1)
Subjects
- bail
- criminal procedure
- Section 103
- B.N.S. 2023
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79054 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- ASHTHAWAN District- Nalanda
======================================================
Sonu Kumar S/O Jay Shankar Paswan R/O Vill.- Malahi Kali Asthan,
Ibrahimpur, P.S.- Bardh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Mishra
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Section 103(1) of the B.N.S., 2023.
3. Informant alleges that on 31.07.2024, his son went
to neighbouring village for treatment, but did not return and
later on, his dead-body was found in a ditch, leading to
registration of F.I.R. against unknown.
4. Name of petitioner transpired during course of
investigation. During trial, till date, three witnesses have been
examined, in which, one of the witness, who is father of the
deceased (informant), has not named this petitioner, as the
assailant of the deceased. Petitioner is in custody since
20.09.2024. Chargesheet has been submitted.
Patna High Court CR. MISC. No.79054 of 2025(3) dt.09-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner 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
Chief Judicial Magistrate, Biharsharif, Nalanda / concerned
Court in connection with Asthawan P.S. Case No. 168 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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