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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 a bond of Rs 10,000 and specified conditions.

Summary

Sonu Kumar was arrested on 3 April 2024 in connection with a case (PS Kotwali, case No. 349 of 2023) involving alleged murder, attempt to murder and possession of arms. The prosecution alleged that the accused opened fire on the informant’s father and brother, resulting in death and injury, and charged him under Sections 302, 326, 307, 120(B) and 34 of the IPC and Sections 27, 25(1‑b)(a), 25(1)(ii) and 35 of the Arms Act. The petitioner contended that he has a clean record, was not named in the FIR, and was implicated only through confessional statements of co‑accused, noting that several co‑accused had already been granted bail by the court. The Additional Public Prosecutor opposed bail. Considering the petitioner’s clean antecedent, lack of direct naming in the FIR, and the precedent of bail to similarly situated co‑accused, the court ordered his release on bail with a bond of Rs 10,000 and specific conditions. The order also directed the lower court to verify his antecedent and to cancel bail if he absconds or tampers with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences charged under the IPC and Arms Act
  • Whether the petitioner’s clean antecedent and lack of direct naming in the FIR justify bail

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • murder
  • attempt to murder
  • criminal conspiracy
  • clean antecedent
  • false implication
  • co-accused bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81005 of 2025
                      Arising Out of PS. Case No.-349 Year-2023 Thana- KOTWALI District- Munger
                 ======================================================
                 Sonu Kumar S/o- Santosh Yadav Resident of Village-Shankarpuur PS-
                 Mufasil, Dist- Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   31-01-2026                    Heard Mr. Arvind Kumar Singh, learned counsel for

                   the petitioner and Mr. Nagendra Prasad, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   03.04.2024 in connection with Kotwali (Vasudeopur) P.S. Case

                   No. 349 of 2023, F.I.R. dated 04.08.2023 for the offences

                   punishable under Sections 302, 326, 307, 120(B)/34 of the IPC

                   and Sections 27, 25(1-b)a, (1)(ii)/35 of the Arms Act.

                                3. According to prosecution case, the criminals have

                   open fired upon the father and brother of the informant due to

                   which his father died and his brother got severely injured.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. Petitioner is not named in the
Patna High Court CR. MISC. No.81005 of 2025(3) dt.31-01-2026
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          F.I.R and his name has been transpired during investigation on

          the basis of confessional statement of the co-accused persons,

          namely, Santosh Kumar and Raja Kumar. Co-ordinate Bench

          while granting bail to the co-accused, namely, Kundan Kumar

          vide order dated 27.09.2024 passed in Cr. Misc. No. 3784 of

          2024 has recorded in paragraph no. 3 that "I have seen the

          report of the Superintendent of Police, Munger dated

          12.09.2024. He has reported that one of the accused Deepak

          Kumar is serving in C.R.P.F. and on the date of occurrence, he

          was serving in the State of Assam. He further reported that there

          is no material to connect the co-accused Deepak Kumar with

          the crime." which suggest that the petitioner has falsely been

          implicated in the present case. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. He further submits that similarly situated, co-accused,

          namely, Karan Kumar has been granted bail by a co-ordinate

          Bench of this Court vide order dated 18.04.2025 passed in Cr.

          Misc. No. 85680 of 2024 and another co-accused, namely,

          Anurag Kumar @ Sajo has also been granted bail by a Co-

          ordinate Bench of this Court vide order dated 04.07.2025 passed

          in Cr.Misc. No. 31389 of 2025. The petitioner is in custody

          since 03.04.2024.
Patna High Court CR. MISC. No.81005 of 2025(3) dt.31-01-2026
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                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, he is not named in the

          F.I.R and similarly situated co-accused persons have been

          granted bail by a Co-ordinate Bench of this Court, 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 the learned Sessions

          Judge, Munger in connection with Kotwali (Vasudeopur) P.S.

          Case No. 349 of 2023, subject to 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 absence on two consecutive dates without sufficient

          reason, his 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

          any stage it is found that the petitioner has concealed his
            Patna High Court CR. MISC. No.81005 of 2025(3) dt.31-01-2026
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                      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)
Vanisha/-

U      T


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