← Library
Patna High CourtCR. MISC./74854/2025allowed

Sonu Kumar @ Nepla v. The State Of Bihar

2025-12-24Mr. Justice Alok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74854 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- BARAUNI District- Begusarai ====================================================== Sonu Kumar @ Nepla S/O Ramanuj Singh Resident of Vill.- Ziro Mail Tola Gurdaspur Bihat, P.S.- Barauni (Zero mile O.P.), Dist.- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Barauni (Zeromile O.P.) P.S. Case No. 54 of 2025 registered for the offences punishable under Sections 352, 351(2), 308(3), 3(5) of BNS and Section 27 of the Arms Act.

3. As per prosecution case, on 25.03.2025 petitioner and others under conspiracy came to the house of the informant and started abusing and demanded extortion money of Rs. five lakh. It is further alleged that petitioner fired two rounds of bullet at the gate of informant.

4. Learned counsel for the petitioner submits that

2/4 petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He further submits that the alleged occurrence took place on 25.03.2025 at 3:30 PM and FIR was lodged on 26.03.2025 at about 8:10 AM and no explanation has been given regarding the said delay. He further submits that from perusal of the FIR itself, it is clear that petitioner fired two rounds of bullet at 8:30 PM and informant handed over two empty cartridges to the police on the next day. The manner in which the empty cartridges were shown to police is totally without having any substance. Petitioner bears criminal antecedent of six cases but not a single case is similar to the present case and petitioner is on bail in all the cases. Petitioner is in custody since 30.06.2025. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that petitioner is FIR named accused and he cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the

3/4 prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named 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 learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Zeromile O.P.) P.S. Case No. 54 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the

4/4 concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) shahzad/- U T