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Patna High CourtCR. MISC./78810/2025bail granted

Sonu Kumar v. The State Of Bihar

2026-03-23Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78810 of 2025 Arising Out of PS. Case No.-289 Year-2024 Thana- PARSABAZAR District- Patna ====================================================== Sonu Kumar S/o Devendra Paswan R/o Village - Khaprail Chak, Parsa Bazar, P.S - Parsa Bazar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Advocate : Mr.Bijay Kumar, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP For the Informant : Mr. Niranjan Parihar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2026 Heard Mr. N.K.Agrawal, learned senior counsel appearing for the petitioner, learned counsel for the informant and Mr.Rajesh Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 30.08.2024 in connection with S.Tr.No.929/2025 arising out of Parsa Bazar P.S. Case No. 289 of 2024, F.I.R. dated 14.06.2024 registered for the offence punishable under Sections 302,328 of Indian Penal Code.

3. Earlier the prayer for bail of the petitioner was rejected on 16.05.2025 passed in Cr. Misc. No. 14528 of 2025 by a Coordinate Bench of this Hon'ble Court.

4. Learned senior counsel appearing for the petitioner

2/4 submits that it appears from the FIR that the name of the petitioner has been transpired during investigation on the basis of suspicion and no one has seen the occurrence and merely on the basis of suspicion, the petitioner has been made accused in the present case. Learned counsel for the petitioner submits that it appears from the FIR that the date of occurrence as alleged in the FIR is 13.06.2024 at 3.30 PM but the present FIR has been instituted on 14.06.2024 at 09.00 PM and before lodging of the FIR, the postmortem was conducted on 14.06.2024 at 11.00 AM.

Learned counsel for the petitioner submits that the present FIR has been instituted after the postmortem report which suggests that after knowing the cause of death, the petitioner has been made accused in the present occurrence afterthought only to falsely implicate the petitioner and except the suspicion, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 30.08.2024.

5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is involved in

3/4 the present crime in question, apart from that, the FSL report also confirms that the cause of death as well as in the FIR. Further submits that the petitioner carries four more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Civil Court, Patna in connection with S.Tr.No.929/2025 arising out of Parsa Bazar P.S. Case No. 289 of 2024, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

4/4 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 petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U