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Patna High Court

Sonu RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.821 of 2026(2) dt.21-01-2026
                                                        3/3




                      section 482(2) of the            Bharatiya Nagarik Suraksha Sanhita ,

                      2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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