← Library
Patna High CourtCR. MISC./42895/2026bail granted

Sonu Kumar v. The State Of Bihar

2026-07-08Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42895 of 2026 Arising Out of PS. Case No.-224 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== Sonu Kumar Son of Nageshwar Mistri Resident of Village- Pachaut, P.S.- Beldaur, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Beldaur P.S. Case No. 224 of 2025 registered for the offences punishable under Sections 127(2), 308(2), 308(4), 308(5) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. As per FIR, all the co-accused persons kidnapped the informant/victim and taken him to the house of this petitioner and demanded extortion money of Rs. 50,000/-.

4. Learned counsel appearing on behalf of the petitioner submitted that admittedly the petitioner was not involved in actual kidnapping. It is submitted that the actual occurrence of kidnapping was taken place in busy market, but no alarm was raised by this petitioner. It is also not the case of the prosecution

Patna High Court CR. MISC. No.42895 of 2026(2) dt.08-07-2026 2/3 that the informant/victim was under threat of life at the time of actual occurrence of kidnapping. It is submitted that due to monetary dispute of Rs. 50,000/-, the present false case was lodged due to oblique motive. It is further submitted that two unknown persons said to drop the informant/victim near to primary health centre, which also creates a doubt qua implication of this petitioner. It is argued that petitioner is a man of clean antecedent.

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

6. In view of the aforesaid factual submissions and by taking note of the fact as petitioner prima facie not appears indulged in actual occurrence of kidnapping, rather for a while the informant/victim was alleged to brought at the house of the informant, which is a joint family house, occupied by different adult family members, moreover, petitioner is a man of clean antecedent, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Khagaria/concerned court in connection

Patna High Court CR. MISC. No.42895 of 2026(2) dt.08-07-2026 3/3 with Beldaur P.S. Case No. 224 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T