Patna High Court
Sonu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond, sureties and prescribed conditions.
Summary
The petitioner, Sonu Rai, was arrested in connection with a robbery and dacoity case (Sections 395 and 379 IPC) where nine unknown assailants allegedly looted a motorist. The petitioner contended that he was falsely implicated, noting that he was not named in the FIR and that the only link to him was a confessional statement of a co-accused, which he argued lacked evidentiary value. The prosecution had not recovered any incriminating material or looted articles from the petitioner, and another co-accused had already been granted regular bail. Considering the lack of direct evidence, the petitioner’s custody period, and the precedent of bail to a co-accused, the court inclined to grant bail. The court ordered release on bail after framing of charge, subject to a Rs.15,000 bond, two sureties, and specific conditions regarding appearance, non‑tampering with evidence, and non‑abscondence.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 395 and 379 IPC despite his custody and criminal antecedents
- Whether the confessional statement of a co‑accused provides sufficient basis to keep the petitioner in custody
Legislation cited
- Indian Penal Code — s. 379, 395
Subjects
- bail
- IPC 395
- IPC 379
- criminal procedure
- confessional statement
- co‑accused
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80359 of 2025
Arising Out of PS. Case No.-116 Year-2018 Thana- MADHAURAH District- Saran
======================================================
Sonu Rai Son of Surendra Rai @ Surendra Ray @ Ramnath Rai R/o Village -
Chhota Telpa, Police Station - Chhapra Town, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mani Shankar Mishra, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Marhaurah P.S. Case No. 116 of 2018, instituted for the offences
punishable under Sections 395 and 379 of the Indian Penal
Code.
3. The prosecution case, in short, is that nine unknown
miscreants on three motorcycles intercepted the informant,
stopped his motorcycle, abused and assaulted him and on the
point of pistol looted him of his motorcycle, Rs, 27,500/-, two
golden rings and other articles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.80359 of 2025(3) dt.11-02-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused, namely, Manu Giri
and the same has got no evidentiary value. It is next submitted
that no looted article has been recovered from the possession of
the petitioner. The petitioner is in custody since 07.08.2025 and
has got eleven criminal antecedents. Learned counsel for the
petitioner further submits that other co-accused has been granted
regular bail by a Co-ordinate Bench of this Court vide order
dated 11.12.2025 passed in Cr. Misc. No. 83684 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
Patna High Court CR. MISC. No.80359 of 2025(3) dt.11-02-2026
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like amount each to the satisfaction of Court below/concerned
Court in connection with Marhaurah P.S. Case No. 116 of 2018,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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