Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20317 of 2026 Arising Out of PS. Case No.-559 Year-2025 Thana- BARHARIA District- Siwan ====================================================== Sonu Kumar Son of Yogesh Prasad @ Jugesh Prasad Resident Of Village - Koiirigawa, P.O. - Barharia, Dist. - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Ray, Advocate Mr. Harsha Shashwat, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2026 Heard Mr. Hemant Ray, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 27.11.2025 in connection with Barharia P.S. Case No. 559 of 2025, F.I.R. dated 25.11.2025 for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 351(3), 352 and 3(5) of the BNS, 2023 and Section 27 of the Arms Act.

3. According to prosecution case, this petitioner on the instance of Balmiki Prasad @ Ashwani committed theft inside the groom's car and also fired upon one Govind Giri.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.20317 of 2026(5) dt.06-07-2026 2/3 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. As per the allegation, the petitioner has fired upon Govind Giri due to which he has received injury. He further submits that on the spur of moment the present occurrence has taken place and there is no intention to kill anyone. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 27.11.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Siwan in connection with Barharia P.S. Case No. 559 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.20317 of 2026(5) dt.06-07-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the 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 above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T