Patna High Court
Sonu Kumar @ Sonu MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was not granted to the petitioner.
Summary
The petitioner, Sonu Kumar, filed a pre‑arrest bail application in the Patna High Court in connection with a case registered under Section 302/34 of the Indian Penal Code for allegedly assaulting an informant with an iron rod, causing the informant's death. The FIR alleged direct involvement of the petitioner in the commission of the offence. The Court examined the seriousness of the charge of murder with common intention and the petitioner’s alleged participation. Considering the gravity of the allegations, the Court declined to grant pre‑arrest bail. However, the Court directed the petitioner to surrender before the District Court and seek regular bail, directing the lower court to consider the application promptly. The petition was consequently disposed of.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail for an alleged offence punishable under Sections 302 and 34 of the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- pre‑arrest bail
- IPC 302
- IPC 34
- murder
- bail application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87079 of 2025
Arising Out of PS. Case No.-69 Year-2024 Thana- TURKI KHARARU District- Muzaffarpur
======================================================
Sonu Kumar @ Sonu Mandal Son of Sundar Mandal R/o Village - Bakarpur,
P.S. - Turki, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pradeep Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Pradeep Kumar Sinha, learned counsel
appearing on behalf of the petitioner and Mr. Mohammad
Sufyan, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Turki (Muzaffarpur) P.S. Case No. 69/24 registered for the
offence(s) punishable under Sections 302/34 of the Indian Penal
Code.
3. As per the allegation made in the FIR, the petitioner
is said to have assaulted the informant by means of iron rod on
his head, as a result of which, he succumbed to injuries.
4. Considering the nature of allegation made in the
FIR and also the fact that there is direct involvement of the
petitioner in the commission of offence, I am not inclined to
grant pre-arrest bail to the petitioner.
Patna High Court CR. MISC. No.87079 of 2025(2) dt.28-01-2026
2/2
5. However, the petitioner, if so advised, may
surrender before the learned District Court and seek regular bail.
In that case, the learned District Court is directed to consider the
bail application of the petitioner on the same day and pass
necessary order on the basis of material which has come in
course of investigation without delay.
6. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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