Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court grants regular bail to the petitioner, Sonu Kumar, in the murder case.

Summary

Sonu Kumar was arrested in connection with a murder case (Magadh University P.S. Case No. 94/2024) under Section 302 read with Section 34 of the IPC. He has no prior criminal record and has been in custody since 14 June 2025. The prosecution’s case rests on the informant’s suspicion, with no eye‑witness to the alleged killing. A co‑accused, Shila Devi, had already been granted bail by a coordinate bench. Considering the lack of substantive evidence, the petitioner’s clean antecedents, and the fact that a more seriously charged co‑accused is on bail, the court ordered the release of Sonu Kumar on regular bail upon furnishing a bail bond of Rs. 20,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under Section 302 read with Section 34 of the IPC
Whether the absence of an eye‑witness and the existence of a co‑accused already on bail justify granting bail to the petitioner

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

regular bail
murder
IPC Section 302
IPC Section 34
no eye‑witness
criminal antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89202 of 2025
                 Arising Out of PS. Case No.-94 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
                 Sonu Kumar S/o Sitaram Yadav R/o Village - Jhardag, P.S.- Mayarhana,
                 District - Chatra, State - Jharkhand

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sunil Kumar Yadav, Adv.
                 For the Opposite Party/s :     Mr.Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                    Heard Mr. Sunil Kumar Yadav, learned counsel for

                   the petitioner and Mr. Rajendra Prasad Nat, learned APP for the

                   State.

                                2. Petitioner seeks regular bail in connection with

                   Magadh University P.S. Case No. 94/ 2024 registered for the

                   offence(s) punishable under Section 302 read with section 34 of

                   the IPC.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner bears no criminal antecedent, has

                   been languishing in jail since 14.06.2025 and as per the

                   prosecution, the deceased was found in dead condition lying at

                   the door of his matrimonial grand-parents’ house and due to the

                   said reason the accused persons, Shila Devi and Butta Yadav

                   having relation with the deceased, were suspected to be
Patna High Court CR. MISC. No.89202 of 2025(2) dt.12-01-2026
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          involved in killing of the deceased and out of them, Shila Devi

          has been granted bail by a co-ordinate bench of this court vide

          order dated 23.01.2025 passed in Cr. Misc. No. 76673/ 2024

          and the petitioner, who was driver of the JCB machine

          belonging to Shila Devi, was also suspected to be involved in

          the alleged murder but there was no reason for the petitioner to

          be involved in killing of the deceased and further, there is no

          eye witness to the alleged occurrence and except suspicion that

          too without any basis, the petitioner has been made accused. It

          is lastly submitted that petitioner’s case stands on better footing

          than that of Shila Devi, who is already on bail.

                       4. The learned APP appearing for the State has

          opposed the bail prayer of the petitioner.

                       5. In the facts and circumstances of this case and

          considering the aforesaid submissions advanced by the

          petitioner’s counsel, averments made in this petition, the

          petitioner’s custody period and completion of investigation

          against him coupled with the fact that the informant is not said

          to be an eye witness to the occurrence and she has simply

          suspected the petitioner and others to be involved in the alleged

          crime of murder and out of three named accused persons, one

          carrying more serious allegation than the petitioner has already
            Patna High Court CR. MISC. No.89202 of 2025(2) dt.12-01-2026
                                                        3/3




                      been granted bail, this court is inclined to release the petitioner

                      on bail. Accordingly, let the petitioner named-above be released

                      on bail in connection with Magadh University P.S. Case No. 94/

                      2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the Court concerned.



                                                (Shailendra Singh, J)
BKS/-

U       T

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