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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner’s involvement, based on the co‑accused’s confession and his criminal antecedent, did not satisfy the criteria for such relief.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail in a case registered under Section 123 of the Bhartiya Nyaya Sanhita, 2023, alleging that he was implicated only through a co-accused's confessional statement and not named in the FIR. The prosecution alleged that the petitioner participated in administering an intoxicating drink to the informant, after which the informant’s valuables were stolen. The petitioner argued innocence, lack of recovery of any stolen property, and that he was not the vehicle owner, while the State highlighted his pending criminal case and the co-accused’s confession. The court examined the credibility of the confessional statement and the petitioner’s criminal antecedent. Concluding that the circumstances did not warrant anticipatory bail, the court rejected the bail application and directed the petitioner to surrender within six weeks for trial‑court proceedings.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not named in the FIR but is implicated solely through a co‑accused's confessional statement.
  • Whether the petitioner’s prior criminal antecedent justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 123 BNS
  • confessional statement
  • co‑accused
  • criminal antecedent
  • FIR
  • theft
  • robbery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8256 of 2026
                       Arising Out of PS. Case No.-229 Year-2025 Thana- SIMRI District- Darbhanga
                 ======================================================
                 Sonu Kumar Son of Late Lal Babu Chaudhary Resident Of Village- Abdul
                 Nagar @ Madhopur Chandwara, Ps -Ahiyapur, Dist -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manindra Kishore Singh, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   01-04-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner is apprehending arrest in connection

                   with Simri P.S. Case No. 229 of 2025, dated 12.08.2025, lodged

                   under Section 123 of the Bhartiya Nyaya Sanhita, 2023

                   (hereinafter referred to as “BNS, 2023”), pending before the

                   Court of Chief Judicial Magistrate, Darbhanga.

                                3. As per the prosecution, it is alleged in the FIR that

                   after coming out of the station, the informant boarded a four-

                   wheeler near Bairiya Bus Stand to go home. During the journey,

                   the driver allegedly gave him a cold drink mixed with some

                   intoxicating substance, due to which he became unconscious.

                   When he regained consciousness near Atrabel Bishanpur Road,

                   he found that his bag and trolley containing gold items worth
Patna High Court CR. MISC. No.8256 of 2026(3) dt.01-04-2026
                                            2/3




          about Rs. 30 lakh, along with his documents, ATM card, and

          mobile phone, had been stolen. It is also alleged that Rs. 7,400/-

          was withdrawn from his ATM card.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that the petitioner is not named in the FIR, and

          his name has surfaced in the case solely on the basis of the

          confessional statement of the co-accused. Counsel further

          submits that nothing has been recovered from the possession of

          the petitioner, and he is not the owner of the alleged vehicle.

          Counsel also submits that the criminal antecedent of the

          petitioner is not clean, as one criminal case is pending against

          him.

                       5. Learned counsel for the informant vehemently

          opposes the prayer for bail of the petitioner and submits that it

          has been acknowledged in the rejection order that the petitioner

          is not named in the FIR, but his name has been surfaced in this

          case on the confessional statement of co-accused Santosh

          Kumar Jha, who stated before the police that he along with

          accused petitioner and other has administered intoxicated

          substance in his cold drink and when informant became

          unconscious then took away bag containing jwellary and cloth
          Patna High Court CR. MISC. No.8256 of 2026(3) dt.01-04-2026
                                                      3/3




                    and threw the informant on the road in his unconscious

                    condition. During investigation witnesses have supported the

                    prosecution.

                                 6. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that the criminal antecedent of

                    the petitioner is not clean.

                                 7. In the present facts and circumstances, this Court is

                    not inclined to grant anticipatory bail to the petitioner.

                    Accordingly, the prayer for anticipatory bail of the petitioner is

                    hereby rejected.

                                 8. It is directed to the petitioner to surrender before

                    the Trial Court within a period of 6 weeks from today. In case,

                    the petitioner surrenders within six weeks, then the Trial Court

                    is directed to pass order on his surrender-cum-bail application

                    on the same day without being prejudice that the anticipatory

                    bail of the petitioner has been rejected by this Court and the

                    Trial Court shall pass order on the merit of this case.



                                                                        (Dr. Anshuman, J.)


Aman Kumar/-

U     T


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