Patna High Court
Sonu @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that regular bail should be granted subject to the stipulated conditions.
Summary
The petitioner, Sonu Kumar, was implicated in a dacoity case (Section 305, Bharatiya Nyaya Sanhita, 2023) based solely on a co‑accused’s confessional statement, with no test identification parade conducted. He contended that the FIR originally named unknown persons, that the seized household articles were his purchased belongings supported by invoices, and that a similar accused had been granted bail in a recent order. The State opposed the bail. The High Court, after considering the circumstances, granted regular bail on a cash bond of Rs 10,000 with two sureties and imposed conditions such as regular court appearance, a blood‑relative as a bailor, and obligations to report any further accusations. The application for bail was allowed.
Issues considered
- Whether regular bail can be granted to an accused under Section 305 of the Bharatiya Nyaya Sanhita, 2023 when the charge is based on a co‑accused’s confession and no identification parade has been held
- Whether the conditions imposed by the court for bail are lawful and reasonable
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305
Subjects
- bail
- dacoity
- Section 305
- Bharatiya Nyaya Sanhita
- confessional statement
- identification parade
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 87477 of 2025
Arising Out of PS. Case No.-334 Year-2025 Thana- RUPASPUR District- Patna
======================================================
Sonu @ Sonu Kumar S/o Late Jagdish Prasad R/o Village- Nuruddinganj
Patna City, P.S- Malsalami, Dist- Patna. (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhijeet Gautam, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Rupaspur P.S.
Case No. 334 of 2025 dated 20-05-2025 registered under
Section 305 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the allegations in the FIR, dacoity was
committed at the house of the petitioner by certain unknown
miscreants.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the FIR was initially
lodged against unknown persons and the petitioner has been
implicated as an accused merely on the basis of the alleged
confessional statement of a co-accused, namely Anil Mahto,
Patna High Court CR. MISC. No. 87477 of 2025(3) dt.11-02-2026
2/3
who disclosed the petitioner’s name. On the basis of the said
confessional statement, the petitioner was arrested and certain
household articles were recovered from his house. It is
submitted that all the seized articles are purchased items and in
support thereof, purchase invoices have been brought on record
and annexed as Annexure-2 series. It is further submitted that no
Test Identification Parade has been conducted till date. Learned
counsel also submits that a similarly situated accused, namely
Sumit Kumar @ Chotka has been granted regular bail by a Co-
ordinate Bench of this Court vide order dated 22.12.2025 passed
in Cr. Misc. No. 87957 of 2025. Lastly, it is submitted that the
petitioner has been in judicial custody since 05.07.2025 and has
three criminal cases pending against him, in which he is on bail.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM- II, Danapur, in
connection with Rupaspur P. S. Case No. 334 of 2025, subject
to the following conditions:-(i) that the petitioner shall co-
Patna High Court CR. MISC. No. 87477 of 2025(3) dt.11-02-2026
3/3
operate in the trial and shall be properly represented on each and
every date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail bond shall
be cancelled by the court below, (ii) that one of the bailors will
be his own blood relation, preferably father, mother, brother,
sister and or his wife, (iii) that the bailor shall also state on
affidavit that he will inform the court concerned if the petitioner
is made accused in any other case of similar nature after his
release in the present case and thereafter the court below will be
at liberty to initiate the proceeding for cancellation of bail on
ground of misuse (iv) that if the petitioner tampers with the
evidence or the witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail and (v) that the petitioner
will appear before the SHO of concerned PS in the first week of
each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.