Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82599 of 2025 Arising Out of PS. Case No.-213 Year-2024 Thana- KURSAILA District- Katihar ====================================================== 1.

Sonu Kumar S/o Shambhu Mandal R/o Village- Gorier, P.S.- Tikapatti, District- Purnea 2.

Manish Kumar S/o Budho Mandal R/o Village- Gorier, P.S.- Tikapatti, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the State :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. This is the second attempt on behalf of the petitioners for grant of bail in connection with Kursela P.S. Case No. 213 of 2024 registered for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita.

3. Earlier the bail application of the petitioners have been rejected vide order dated 12.05.2025 passed in Cr. Misc. No. 18120 of 2025, which reads as under:

"Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.82599 of 2025(3) dt.05-05-2026 2/3

2. The petitioners seeks regular bail in connection with Kursela P.S. Case No. 213 of 2024 registered for the offence under Section 309(4) of the BNS.

3. As per the prosecution case, some unknown criminals looted the E-Rickshaw of the informant and the same has been recovered in front of the house of the petitioners.

4. The petitioners are in custody since 9.11.2024.

5. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this application is dismissed."

4. Learned counsel for the petitioners submits that in the trial, charges are yet to be framed because one of the coaccused person is still absconding.

5. Considering the gravity of the offence, the fact that the trial has started and no fresh ground for grant of bail is made out, I am not inclined to review my earlier order.

6. Accordingly, the application stands dismissed.

7. However, the trial Judge is directed to frame the charges at the earliest after separating the trial of the petitioners.

8. If the trial is delayed by the prosecution, the petitioners may renew their prayer for bail.

9. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioners at

Patna High Court CR. MISC. No.82599 of 2025(3) dt.05-05-2026 3/3 any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T