Patna High Court
Sonu Kumar Yadav @ Sonu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 392
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
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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
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