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Patna High Court

Sonu @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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