Patna High Court
Sonu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and sureties under section 482(2) of the BNS.
Summary
The petitioner, Sonu Ram, sought bail fearing arrest in a case registered under sections 108 and 123 of the Bharatiya Nagarik Suraksha Sanhita (BNS) relating to a family dispute that led to the suicide of the informant's husband. The prosecution alleged that the petitioner, as the informant's brother‑in‑law, participated in a scuffle and threatened the husband, contributing to his death. The petitioner contended he was innocent, had a clean antecedent, and was falsely implicated by the informant after a marital quarrel. The State opposed the bail application. The Court, after considering the petitioner’s clean record and the circumstances, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS, provided the petitioner surrenders within eight weeks.
Issues considered
- Whether bail should be granted to the petitioner in a case under sections 108 and 123 of the BNS.
- Whether the petitioner’s clean antecedent and the facts of the case justify bail.
- Whether section 482(2) of the BNS can be invoked to condition the bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 108, 123, 482(2)
Subjects
- bail
- criminal procedure
- section 108 BNS
- section 123 BNS
- section 482(2) BNS
- false implication
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.821 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Sonu Ram S/o- Rajendra Ram R/v- Nonhi Ps- Rajgir Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
For the Opposite Party/s : Mrs. Renu Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 108 and 123 of BNS.
3 . As per the prosecution case , some dispute was
going on informant’s house between her husband and bhaisur
(petitioner) for partition of ancestral property . On 23.05.2025 ,
bhaisur (petitioner), mother-in -law of informant, namely,
Sunita devi, her gotni namely , Mina devi scuffled with husband
of informant and demanded Rs. 1.5 lacs for partition . It is
further alleged that accused persons also scolded husband of
Patna High Court CR. MISC. No.821 of 2026(2) dt.21-01-2026
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informant and taunted him to die , upon which husband of
informant consumed celphass and killed himself.
4. It is submitted on behalf of the petitioner that
petitioner is quite innocent and has committed no offence as
alleged. Petitioner is own elder brother of the deceased and
bhaisur of the informant. As a matter of fact, on the alleged date
of occurrence , there was some quarrel between the couple
(informant and her husband) due to which husband of the
informant committed suicide and taking advantage of the
situation , she falsely implicated the entire family members
including this petitioner. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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 Chief
Judicial Magistrate Nalanda in connection with Rajgir P.S. Case
No. 285 of 2025 , subject to the conditions laid down under
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section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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