Patna High Court
Sonu Kumar @ Sonu SoniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the nature of the accusation and the material on record did not warrant its grant.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail in a murder case (Case No. 109 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner, along with co‑accused, killed the informant’s son over a dispute concerning a motorcycle. The petitioner contended that the FIR was lodged after an unexplained two‑day delay, that he was implicated merely on suspicion, and that he has a clean antecedent. The State opposed bail, asserting that the investigation had corroborative material and multiple witnesses. The Court, after considering the seriousness of the accusation and the material on record, refused the anticipatory bail application.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the murder allegation?
- Whether the delay in filing the FIR and the alleged lack of substantive evidence justify denial of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- FIR delay
- motorcycle dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91739 of 2025
Arising Out of PS. Case No.-109 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Sonu Kumar @ Sonu Soni S/O Late Pappu Soni @ Pappu Soni R/O Village-
Tetari @ Tetri, Ward No. 10, P.S- Dandari, Distt.- Begusarai, State- Bihar,
PIN- 851211.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Dandari P. S. Case
No. 109 of 2025 registered for the offences punishable under
Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 15.08.2025 at
about 7 PM, son of the informant went with co-accused Vishal
Kumar on his motorcycle but did not return that day. On the
next morning, dead body of the son of informant was recovered
from an orchard. Informant alleges that the accused persons
used to frequently demand motorcycle of his son and upon
refusal, F.I.R. named accused persons killed his son due to
dispute over motorcycle.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91739 of 2025(3) dt.20-02-2026
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petitioner is innocent and has committed no offence. F.I.R. has
been lodged after delay of two days without any plausible
explanation. Petitioner has been made accused only on
suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that during investigation,
number of persons have supported the prosecution case.
6. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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