Patna High Court
Sonu Kumar @ Sonu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, three brothers-in-law of a deceased, sought anticipatory bail fearing arrest in a murder case registered under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution’s informant alleged that her son was killed by his in‑laws, but the petitioners argued they had no involvement, citing lack of material evidence, the informant not being an eye‑witness, and their clean antecedents. The State opposed the bail, contending the seriousness of the charges. The Court, considering the general and omnibus nature of the accusation and the petitioners’ clean records, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order directs that if arrested within eight weeks, the petitioners be released on bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case involving alleged murder, concealment of body and abetment under IPC Sections 302, 201 and 34.
- Whether the prosecution has produced sufficient material linking the petitioners to the alleged offences to deny bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- anticipatory bail
- murder
- IPC
- Section 302
- Section 201
- Section 34
- clean antecedents
- bail bond
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81035 of 2025
Arising Out of PS. Case No.-15 Year-2021 Thana- KHUSRUPUR District- Patna
======================================================
1. Sonu Kumar @ Sonu Paswan Son of Late Nagina Paswan Resident of
village - Near Baikatpur Mandir, Police Station - Khusrupur, District - Patna
2. Monu Kumar @ Monu Paswan Son of Late Nagina Paswan Resident of
village - Near Baikatpur Mandir, Police Station - Khusrupur, District - Patna
3. Chhotu Paswan Son of Shambhu Paswan Resident of village - Near
Baikatpur Mandir, Police Station - Khusrupur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Md. Anwar, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 302, 201
and 34 of the Indian Penal Code.
3. As per prosecution case, informant alleged that her
son had gone to the house of his in-laws and was murdered and
his dead body was thrown in the river. Informant believes that
all the F.I.R. named accused persons, including these petitioners,
who happen to be in-laws of her son, are involved in the
occurrence.
Patna High Court CR. MISC. No.81035 of 2025(4) dt.02-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case only on the ground that they happen to be
brothers-in-law of the deceased. Informant is not an eye witness
to the occurrence and has not disclosed in the F.I.R. as to how
she came to know that these petitioners were involved in the
alleged incident. No material has transpired in the course of
investigation to connect these petitioners with the alleged
occurrence. As per post mortem report, cause of death is
Asphyxia. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.81035 of 2025(4) dt.02-02-2026
3/3
amount each to the satisfaction of learned Additional District
and Sessions Judge-II, Patna City, Patna in connection with
Khusrupur P.S. Case No. 15 of 2021, subject to condition as laid
down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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