Sonu Kumar @ Fulo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42328 of 2025 Arising Out of PS. Case No.-553 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Sonu Kumar @ Fulo Son of Dashrath Ray R/O Vill.- Harpur Nijamat Pokhriaira, P.S.- Muffasil, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeswari Singh, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109 and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that on 24.12.2024 at 05:30 PM, he received an information that his son Nitish aged about 19 years was abducted by the accused persons and was taken to an orchard, further Sonu called from the mobile of his son and threatened the informant that they have abducted his son for committing murder, accordingly, the informant along with co-villagers went to the orchard and saw

Patna High Court CR. MISC. No.42328 of 2025(3) dt.09-09-2025 2/3 that his son was tied to a tree and the accused persons were assaulting him, while Sonu was carrying a gun pointing at his son while Rishi was pressing his neck, on alarm by villagers, the petitioner fled from the place of occurrence firing in the air.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that it does not appear probable that petitioner would have called the informant from the mobile of his son and would have threatened and at the same time would have disclosed about his intention. It is next submitted that on account of previous dispute, a false case came to be instituted. It is next submitted that even son of the informant has not received any injury. It is also submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.42328 of 2025(3) dt.09-09-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muffasil P.S. Case No. 553 of 2024 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. One of the bailors of the petitioner shall be his father namely Dashrath Ray.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

9. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

10. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T