Sonu Kumar @ Bijali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2264 of 2025 Arising Out of PS. Case No.-288 Year-2024 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Sonu Kumar @ Bijali Yadav S/o Late Maheshwar Yadav Resident of villageBishwari (Bishari) P.S.- Gwalpara, District- Madhepura ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Santu Kumar S/o Late Shyamlal Ram @ Late Shyam Lal Ram Resident of village- Bishwari, ward no. 4, P.S.- Gwalpara, District- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Pawan Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 07.05.2025 passed by learned Additional Session Judge, 1st-cum-Special Judge SC/ST (POA) Act, Madhepura whereby the prayer for bail of the appellant in connection with Udakishunganj P.S. Case No. 288 of 2024 under Sections 137(2), 140(3), 62 of the Bharatiya Nyaya Sanhita, 2023 later on added under Sections 61(2), 140(1), 238,

Patna High Court CR. APP (SJ) No.2264 of 2025(3) dt.17-09-2025 2/3 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 3/5 of the SC/ST Act and later on added Sections 3(2)(v) of SC/ST Act was rejected.

3. Prosecution case, in short, is that, the appellant along with other co-accused persons committed murder of brother of the informant namely Mantu Kumar.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellant has also submitted that no direct or specific allegation of any overt act against the appellant rather the same is general and omnibus in nature. There is previous enmity between the parties and the appellant has been implicated due to ill motive of the informant. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 29.10.2024 and has got ten criminal antecedents. Similar co-accused has been granted regular bail by this Court vide order dated 04.04.2025 passed in Cr. Appeal (S.J.) No. 612 of 2025.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant.

Patna High Court CR. APP (SJ) No.2264 of 2025(3) dt.17-09-2025 3/3

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 07.05.2025 passed by learned Additional Session Judge, 1st-cum-Special Judge SC/ST (POA) Act, Madhepura is hereby set aside.

7. Let the appellant be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udakishunganj P.S. Case No. 288 of 2024.

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