Created by Fuzzy Cloud

Patna High Court

Sonu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.