Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30761 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Sonu Kumar S/O Ram Balak Manjhi R/o - Ahiyachak, P.S - Katrisarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Giriyak (Katrisarai) P.S. Case No. 64 of 2025 instituted for the offences under Sections 318(4), 319(2), 336(3), 338, 339, 340(2), 341(1), 342(2), 3(5), 61(2) of the B.N.S., 2023 and Section 37 of the Bihar Prohibition and Excise Act and Sections 66(c) and 66(D) of the I.T. Act.

3. The prosecution case, in short, is that the police on receipt of secret information regarding Cyber crime, raided the place of occurrence and apprehended the accused persons including the petitioner. It is further alleged that the smell of liquor was found from the mouth of co-accused Ranjan Kumar

Patna High Court CR. MISC. No.30761 of 2025(2) dt.07-05-2025 2/3 and Sonu Kumar (the petitioner).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with any Cyber crime. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.02.2025 without any rhymes or reason. Learned counsel for the petitioner again submits that the co-accused namely Praduman Kumar has been granted bail by this Court vide order dated 28.04.2025 passed in Cr. Misc. No. 26394 of 2025.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. He further submits that the police has recovered one Realme mobile from the possession of the petitioner.

Patna High Court CR. MISC. No.30761 of 2025(2) dt.07-05-2025 3/3

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Giriyak (Katrisarai) P.S. Case No. 64 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T