Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bail bond and sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Sonu Kumar petitioned for bail after learning that he might be arrested in connection with a criminal case (PS No. 209 of 2025) involving alleged forgery and land fraud under several sections of the Bhartiya Nagrik Suraksha Sanhita, 2023. The FIR alleges that co‑accused Jagdish Sah, together with others, forged documents and entered incorrect land details despite a court‑issued stay. The petitioner contended that he was merely an identifier in the sale deed, not a beneficiary, and that the actual purchaser, Praveen Kumar, had already secured anticipatory bail. He also asserted a clean antecedent. The State opposed the bail. The court, after considering the facts, ordered that the petitioner be released on bail if arrested within eight weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482 of the B.N.S., 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the petitioner’s role as merely an identifier in the sale deed disqualifies him from being considered a co‑accused.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, applies to grant bail in the present circumstances.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 341(1), 482, 61(2)
Subjects
- bail
- criminal procedure
- forgery
- land fraud
- anticipatory bail
- Bhartiya Nagrik Suraksha Sanhita
- clean antecedent
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8515 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- SAMASTIPUR District- Samastipur
======================================================
Sonu Kumar S/O Rajeshwar Thakur Resident of vill.- Harpur Mahamada, P.S-
Pusa, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad
For the Opposite Party/s : Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Samastipur Town P.S. Case No. 209 of 2025 registered for
the offences punishable under Sections 319(2), 318(4), 338,
336(3), 340(2), 341(1), 61(2) of the B.N.S., 2023.
3. As per FIR, co-accused Jagdish Sah, in collusion
with other co-accused persons, committed cheating by creating
forged documents and by entering wrong khata and plot number
of a piece of land, over which, there was stay by the court.
4. Learned counsel for the petitioner submits that
petitioner is simply a victim of circumstances. He is only
identifier in the alleged sale-deed. Petitioner is not the
beneficiary of the alleged transaction. Purchaser of the land
namely Praveen Kumar has already been granted anticipatory
Patna High Court CR. MISC. No.8515 of 2026(2) dt.23-02-2026
2/2
bail by a coordinate Bench of this Court, vide order dated
17.02.2026 passed in Cr.Misc. No. 89366 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, 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 learned
A.C.J.M., Samastipur in connection with Samastipur Town P.S.
Case No. 209 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Anay
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