Allowed¶25

Sonu Kumar @ Sonu Sah v. The State of Bihar

Patna HC12 May 2025CR. MISC./3524/2025

Case brief

AI extract

What is this about?

Regular bail granted; charges include murder (S. 302 IPC) along with ss. 147, 148, 149, 341, 323, 325, 307, 504, 506 IPC; single postmortem head injury (lacerated wound, hard blunt object, haemorrhagic shock); vague/omnibus allegations without specific role; no criminal antecedents; judicial custody since 24.10.2024; counter FIR Mahnar P.S. Case No. 133 of 2023; bail bonds Rs. 10,000 each with two like sureties before CJM Vaishali at Hajipur; Patna High Court; Justice Khatim Reza; decided 12-05-2025.

What did the court decide?

Release of the petitioners on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 110 of 2023. ¶25

Sonu Kumar @ Sonu Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners should be released on bail in connection with Mahnar P.S. Case No. 110 of 2023, instituted for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 302, 504 and 506 of the Indian Penal Code. +1 more

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Court's answer

The court directed that the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 110 of 2023.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.3524 of 2025, decided 12-05-2025 (Khatim Reza, J). Bail granted to Sonu Kumar @ Sonu Sah and Sumangal Kumar @ Sumangal Sah in Mahnar P.S. Case No. 110 of 2023 (dated 21-04-2023), District Vaishali, instituted under Sections 147, 148, 149, 341, 323, 325, 307, 302, 504 and 506 of the Indian Penal Code, arising from an alleged assault of 21-04-2023 in which the informant's brother Shyamnandan Sah died of a head injury allegedly inflicted by the petitioners with a bamboo stick and an iron rod. Defence relied on vague, omnibus allegations without specific roles, a single postmortem head injury (lacerated wound over right skull vault, 2” x 1” x ½”, by hard and blunt object, death from haemorrhagic shock), absence of criminal antecedents, judicial custody since 24.10.2024, and a cross-case (Mahnar P.S. Case No. 133 of 2023) lodged by petitioner no.1's father against the informant's side. The court, considering the facts, circumstances and submissions, released the petitioners on bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur; the application was allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3524 of 2025

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Arising Out of PS. Case No.-110 Year-2023 Thana- MAHNAR District- Vaishali

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

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1. Sonu Kumar @ Sonu Sah Son of Umesh Sah Resident of VillageManikpatti, P.S.- Mahnar, Distt.- Vaishali

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Sumangal Kumar @ Sumangal Sah Son of Kushesheswar Sah Resident of Village- Manikpatti, P.S.- Mahnar, Distt.- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Vinod Shanker Modi, APP Mr. Mainsh Kumar, Advocate Mr. Janardan Prasad Singh, Advocate Mr. Kaushal Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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3 12-05-2025

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners seek bail in connection with Mahnar P.S. Case No. 110 of 2023, dated 21-04-2023, instituted for the offence punishable under Sections 147,148,149, 341,323, 325, 307, 302, 504 and 506 of the Indian Penal Code.

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The prosecution case, in short, is that on 21-04-2023 at 7:00 PM, while the informant along with his family members was sitting at the door of his house, in the meantime, all the accused persons, armed with deadly weapons, came there and started abusing them. On protest, they assaulted

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Patna High Court CR. MISC. No.3524 of 2025(3) dt.12-05-2025 2/4

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the informant with lathi, danda , fists, punches, and an iron rod, as a result of which, he received serious injuries on his head. When his brother, Shyamnandan Sah, came there to save him, it is alleged that the petitioners assaulted him on his head with a bamboo stick and an iron rod, causing a head injury. Thereafter, all the accused persons indiscriminately assaulted his brother with lathi, danda, and bamboo sticks. Blood started oozing from his nose and mouth, and he died on the spot. It is further alleged that when the wife, daughters, and son of the informant reached the spot, they were also assaulted by the accused persons. During the assault, the hand of the informant’s wife was fractured. The police took away the dead body of Shyamnandan Sah for postmortem. The injured were taken to P.H.C. Mahnar for treatment.

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Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the instant case. It is submitted that both parties are agnates. It is further submitted that the allegations levelled against the petitioners are vague, omnibus, and general in nature, without assigning any particular role to either petitioner. It is next submitted that from perusal of the postmortem report, annexed as Annexure-3, it is evident that only one external injury was

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Patna High Court CR. MISC. No.3524 of 2025(3) dt.12-05-2025 3/4

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found on the person of the deceased i.e., a lacerated wound over the right side of the skull vault, measuring 2” x 1” x ½”. No other injury was found on the head or any other part of the body. The doctor opined that the said injury was caused by a hard and blunt object, and that the cause of death was haemorrhagic shock due to above mentioned head injury. The allegation of assault does not indicate any repeated blows, indicating that there was no intention to kill the deceased. It is submitted that although both the petitioners are alleged to have assaulted the deceased, the presence of a single head injury casts serious doubt on the version of the prosecution case. It is further submitted that prior to the alleged occurrence, the informant’s side had assaulted petitioner no.1’s parents, due to which they sustained severe injuries and was referred to P.M.C.H., Patna, for better treatment. Subsequently, the father of petitioner no.1, namely Umesh Sah, lodged a fardbeyan , pursuant to which Mahnar P.S. Case No. 133 of 2023 was lodged against the informant’s side. The petitioners, having no criminal antecedents, are in judicial custody since 24.10.2024.

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Learned counsel for the informant and learned APP for the State have opposed the prayer for bail by submitting that specific allegations have been made against both the petitioners

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Patna High Court CR. MISC. No.3524 of 2025(3) dt.12-05-2025 4/4

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for assaulting the deceased with a bamboo and an iron rod, which caused a head injury that led to his death on the spot.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 110 of 2023.

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The application stands allowed.

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(Khatim Reza, J)

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shyambihari/-

Sonu Kumar @ Sonu Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sonu Kumar @ Sonu Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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