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Patna High CourtCR. MISC./2621/2026bail granted

Sonu Kumar v. The State Of Bihar

2026-01-28Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2621 of 2026 Arising Out of PS. Case No.-124 Year-2025 Thana- CHANDRADIP District- Jamui ====================================================== Sonu Kumar, Son of Tripurari Yadav, R/o Village - Gokhula, Post - Sikandara, Thana - Sikhandara, Gokhula, Fatehpur, Dist. - Jamui, 811315(Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Mani, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 124 of 2025 registered for the offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioner is that he, along with accused Vikas Kumar, had committed theft of three pieces of Exicom JIO Tower battery.

4. Learned counsel for the petitioner submits that the petitioner is not named in FIR and his name has transpired in the confessional statement of co-accused Vikas Kumar. It has

2/4 further been submitted that no incriminating article has been recovered from the house of the petitioner rather his name has been implicated on account of personal rivalry with the coaccused, Vikas Kumar. It has next been submitted that the petitioner has two criminal antecedents of similar nature and hence, he has been implicated in this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Chandradeep P.S. Case No. 124 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in

3/4 Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

(vi) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Jamui within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

7. Accordingly, the prayer for anticipatory bail is allowed.

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8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T