Dismissed¶22

Sonu Kumar v. The State of Bihar

Patna HC5 May 2025CR. MISC./1528/2025

Case brief

AI extract

What is this about?

Patna High Court bail rejection, 05-05-2025; CRIMINAL MISCELLANEOUS No.1528 of 2025; petitioner Sonu Kumar; Phulwari Sharif P.S. Case No. 1428 of 2024; Sections 103(1), 3(5) BNS; murder of informant's brother; claims of false implication, omnibus allegations, no overt act, no pre-police confession, custody since 22.09.2024, no criminal antecedent; prosecution reliance on interrogation disclosure, recording of weapon, post-mortem corroboration; ample material finding; bail denied by Rudra Prakash Mishra, J.

What did the court decide?

Considering the facts and circumstances, there being ample material against the petitioner to show his involvement in the commission of the brutal murder of the deceased, the Court is not inclined to grant bail to the petitioner at this stage. ¶19

Sonu Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1528 of 2025

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Arising Out of PS. Case No.-1428 Year-2024 Thana- PHULWARISHARIF District- Patna

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======================================================

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Sonu Kumar S/o Late Jayram Singh R/o - Bahapur, Bahadurpur, P.S - Phulwari Sharif, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP For the Informant : Mr. Ashok Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 05-05-2025

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned APP for the State. Perused the case diary.

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The petitioner seeks bail in connection with Phulwari Sharif P.S. Case No. 1428 of 2024 instituted for the offences under Sections 103(1), 3(5) of the BNS.

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Informant suspects that the accused persons including the petitioner has committed the murder of the brother of the informant.

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Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that informant is not the eye witness to the occurrence and he has named this petitioner only

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Patna High Court CR. MISC. No.1528 of 2025(4) dt.05-05-2025 2/3

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on the basis of suspicion due to previous dispute. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that the confessional statement of the petitioner was never recorded before the police. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.09.2024 and has no criminal antecedent.

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Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per material available in case diary, this petitioner, on interrogation by the police has disclosed that he along with other accused persons committed the murder of the deceased and based on his statement, weapon used in the commission of crime has also been recorded and the petitioner’s statement is also corroborated by the post-mortem report.

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Considering the aforesaid facts and circumstances of the case, there being ample material against the petitioner to show his involvement in the commission of brutal murder of the deceased, this Court is not inclined to grant bail to the petitioner at this stage.

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Patna High Court CR. MISC. No.1528 of 2025(4) dt.05-05-2025 3/3

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