Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted and the application was dismissed.
Summary
The petitioners, Sonu Kumar and Manish Kumar, applied for regular bail in a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita concerning the alleged looting of an e‑rickshaw. They have been in custody since November 2024 and earlier bail applications were rejected. The petitioners argued that charges had not yet been framed because a co‑accused was absconding. The court noted the gravity of the offence, the commencement of trial, and the lack of fresh grounds for bail, and therefore dismissed the application. However, the court directed the trial judge to frame charges promptly after separating the petitioners’ trial and allowed a future bail application if the prosecution causes further delay. The order is limited to the bail application and does not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to the petitioners pending trial for an offence under Section 309(4) of the Bharatiya Nyaya Sanhita.
- Whether the non‑framing of charges and the absconding status of a co‑accused affect the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309
- Bharatiya Nyaya Sanhita
- charge framing
- absconding co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82599 of 2025
Arising Out of PS. Case No.-213 Year-2024 Thana- KURSAILA District- Katihar
======================================================
1. Sonu Kumar S/o Shambhu Mandal R/o Village- Gorier, P.S.- Tikapatti,
District- Purnea
2. Manish Kumar S/o Budho Mandal R/o Village- Gorier, P.S.- Tikapatti,
District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate
For the State : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioners for grant of bail in connection with Kursela P.S. Case
No. 213 of 2024 registered for the offence under Section 309(4)
of the Bharatiya Nyaya Sanhita.
3. Earlier the bail application of the petitioners have
been rejected vide order dated 12.05.2025 passed in Cr. Misc.
No. 18120 of 2025, which reads as under:
“Heard learned counsel for the
petitioners and learned APP for the State.
Patna High Court CR. MISC. No.82599 of 2025(3) dt.05-05-2026
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2. The petitioners seeks regular bail in
connection with Kursela P.S. Case No. 213 of
2024 registered for the offence under Section
309(4) of the BNS.
3. As per the prosecution case, some
unknown criminals looted the E-Rickshaw of the
informant and the same has been recovered in
front of the house of the petitioners.
4. The petitioners are in custody since
9.11.2024.
5. Considering the aforesaid facts, this
Court is not inclined to grant bail to the
petitioners.
6. Accordingly, this application is
dismissed.”
4. Learned counsel for the petitioners submits that in
the trial, charges are yet to be framed because one of the co-
accused person is still absconding.
5. Considering the gravity of the offence, the fact that
the trial has started and no fresh ground for grant of bail is made
out, I am not inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
7. However, the trial Judge is directed to frame the
charges at the earliest after separating the trial of the petitioners.
8. If the trial is delayed by the prosecution, the
petitioners may renew their prayer for bail.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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