Sonu Choudhary @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53658 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- HISUWA District- Nawada ====================================================== Sonu Choudhary @ Sonu Kumar S/o Uday Choudhary Resident of village - Meskaur, P.S. - Meskaur, District - Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Hisua P.S. Case No. 06 of 2025 registered for the offence punishable under Sections 310(4), 310(5) of BNS, 2023 and Sections 25(1b)a, 26 and 35 of Arms Act.
3. The petitioner has criminal antecedent in four cases:- (i) Meskaur Police Station Case No. 69 of 2024 under Section 317 (5) BNS, (ii) Hisua P.S. Case No. 614 of 2024 under Sections 309 (4), 118 (1) of BNS, (iii) Meskaur P.S. Case No. 99 of 2025 under Section 30(a) of Bihar Prohibition Act and,
2/5 (iv) Sirdala P.S. Case No. 344 of 2021 under Sections 341, 323, 506, 308, 448, 379, 34 IPC.
4. The case of the prosecution, in brief, is that the informant namely Dhanvir Kumar, Sub Inspector in Hisua Police Station in his typed report dated 04.01.2025 has alleged that on some secret information being received that near Mahadev More under Hisua Police Station area, Ravindra Kumar alias Sendha and Pindra Kumar along with three other boys are roaming around armed with illegal pistol with the intention of committing a criminal act. The informant along with other police personals left the police station and directed Sub Inspector Ashok Kumar Singh posted to do patrolling near Mahadev More for assistance in raid and arrest. When informant reached Mahadev More main crossing at around 10:15 am, he saw that five boys were standing near Mahadev More who started running after seeing the police vehicle.
The then Sub Inspector Ashok Kumar Singh reached Mahadev More with the force and with the help of armed force, the five boys who were running away were chased. Out of which three boys were caught near Mahadev More.
3/5 names of the persons who had fled away as Sandeep Kumar alias Katshu, Sonu Chaudhary (petitioner). On search of the apprehended persons one country made pistol and a Samsung smart phone etc. were recovered from Ravindra Kumar alias Sendha and on search of Pinku Kumar an Oppo smart phone was recovered. Thereafter, seizure list was prepared at the place of occurrence.
5. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the basis of statement of co-accused. He further submits that no recovery has been done from his possession. He further submits that although petitioner is being an accused in four criminal cases but in all those cases, he is on bail. He further submits that investigation has been completed and charge-sheet has already been filed against the petitioner.
6. On the other hand, learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
7. Considering the submissions of the parties and particularly taking note of the fact that the name of the petitioner has come on the basis of statement of co-accused and also that no recovery has been done from his conscious physical possession and the fact that he has remained in custody since
4/5 24.05.2025. Under these circumstances, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hisua P.S. Case No. 06 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates without substantial reason or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the
5/5 petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. Accordingly, the prayer for bail is allowed. (Alok Kumar Sinha, J) Gaurav Sinha/- U T