Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46436 of 2025 Arising Out of PS. Case No.-665 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Sonu Kumar S/O Sunil Ray @ Suneel Kumar R/O Village- Govindpur Jhakhraha, P.S.- Rajapakar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 665 of 2024 instituted for the offence under Sections 310(4) & 310(5) of the BNS, and Sections 25(1B)a, 26 & 35 of the Arms Act. 3.

The informant conducted a special raid on 21.10.2024 based on secret information and apprehended five individuals who were planning a robbery near a government pond in English Khajhatta village. A loaded country-made pistol, cartridges, and a phone were recovered from one coaccused. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.46436 of 2025(2) dt.29-07-2025 2/3 that the petitioner is in custody since 22-10-2024. Petitioner bears nine criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No arms is recovered from the possession of the petitioner, rather the same is recovered from co-accused. Petitioner has no concern with the recovered arms. There is no compliance of Section 103 of the BNSS, 2023. There is no specific allegation against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and there being no recovery of arms from the possession of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Bidupur P.S. Case

Patna High Court CR. MISC. No.46436 of 2025(2) dt.29-07-2025 3/3 No. 665 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T