Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58323 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Sonu Kumar S/o- Mahesh Yadav Resident Of Village- Shiv Nagar PsMuffasil District-Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Muffasil P.S. Case No. 453 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, two unknown miscreants hit the motorcycle of the informant, abused and assaulted him and thereafter they snatched his mobile phone and fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.58323 of 2025(2) dt.22-08-2025 2/3 present case. Learned counsel for the petitioner also submits that there is inordinate delay in lodging the FIR. The petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Koushal Kumar and the same has got no evidentiary value. It is next submitted that no any recovery of looted article has been made from the possession of the petitioner. The petitioner has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 04.03.2025 passed in Cr. Misc. No. 11883 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Muffasil P.S. Case No. 453 of 2024, subject to the conditions as laid down under
Patna High Court CR. MISC. No.58323 of 2025(2) dt.22-08-2025 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T