Created by Fuzzy Cloud

Patna High Court

Sonu Kumar Yadav @ Sonu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail, holding that the absence of direct evidence and the petitioner’s clean record warranted the relief.

Summary

Sonu Kumar Yadav sought anticipatory bail after learning that he might be arrested in a robbery case under Section 392 of the IPC. The FIR did not originally name him; his name surfaced only through the confessional statement of co‑accused Manoj Yadav. No other material evidence, such as recovery of looted items, linked the petitioner to the alleged crime, and he maintained a clean antecedent. The court noted that similar co‑accused had already been granted anticipatory bail by a coordinate bench. Considering the lack of direct evidence, the petitioner’s clean record, and the general nature of the accusation, the court allowed the prayer for anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to a person whose name appears only in a co‑accused’s confessional statement and who lacks any direct evidentiary link to the alleged offence
  • Whether the petitioner’s clean antecedents and the precedent of anticipatory bail granted to co‑accused justify the relief

Legislation cited

Subjects

  • anticipatory bail
  • Section 392 IPC
  • confessional statement
  • clean antecedents
  • lack of evidence
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90586 of 2025
                      Arising Out of PS. Case No.-366 Year-2023 Thana- SHIVSAGAR District- Rohtas
                 ======================================================
                 Sonu Kumar Yadav @ Sonu Yadav S/O Ramjee Yadav R/o Village-Shahpur,
                 P.S-Shahpur, District-Bhojpur, Ara

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Jai Prakash Singh, Advocate
                 For the State           :        Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 392 of the

                   Indian Penal Code.

                                3. As per prosecution case, four unknown miscreants

                   are alleged to have intercepted the informant’s truck and forced

                   the informant and others on the point of pistol to sit in a car. It is

                   further alleged that the accused persons looted the mobile phone

                   of informant and others, dropped them in a forest and fled away

                   with truck of the informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.90586 of 2025(3) dt.24-03-2026
                                            2/3




          committed no offence. Petitioner is not named in the F.I.R..

          Name of petitioner transpired in this case during investigation

          only on the basis of confessional statement of co-accused Manoj

          Yadav. Save and except confessional statement, there is no other

          material to show the complicity of this petitioner in the alleged

          offence. No looted articles were recovered from possession of

          this petitioner. It is further submitted that co-accused Kundan

          Singh and Mulayam Yadav, having similar and identical

          allegations, have already been granted the privilege of

          anticipatory bail by a Co-ordinate Bench of this Hon’ble Court

          vide order dated 15.02.2024 passed in Cr. Misc. Nos. 86392 of

          2023 and Cr. Misc. No. 3561 of 2024. Petitioner claims clean

          antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named
             Patna High Court CR. MISC. No.90586 of 2025(3) dt.24-03-2026
                                                         3/3




                       petitioner 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 C.J.M., Rohtas, Sasaram in

                       connection with Shivsagar P.S. Case No. 366 of 2023, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.