Sonu Kumar @ Sonu Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sonu Kumar @ Sonu Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed. On arrest or surrender before the court below within thirty days of receipt of the order, the petitioner to 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 the learned Chief Judicial Magistrate, Begusarai in connection with Nawkothi P.S. Case No. 166 of 2024, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS,2023 and further conditions: (I) trial co-operation and physical presence, failing which on two consecutive unjustified absences the bail bond shall be cancelled; (II) no tampering with evidence or witnesses, else prosecution may seek cancellation; (III) verification of criminal antecedents by the court below with cancellation steps on concealment, without delaying acceptance of bail bonds for verification.

Issue for consideration

Whether the petitioner, apprehending arrest in Nawkothi P.S. Case No. 166 of 2024 (offences under Sections 61(2), 317(4), 317(5), 336(3) and 340(2) BNS), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within thirty days of receipt of the order, the petitioner to be released on bail on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Nawkothi P.S. Case No. 166 of 2024.

Ratio / Principle

Basis of the grant: for the same set of allegations the petitioner has already been acquitted by the learned Trial Court itself, and the recovery was made from the possession of other co-accused persons rather than from the petitioner.

Key takeaways

Condition (I): petitioner shall co-operate in the trial, be properly represented and remain physically present on dates fixed by the Court; absence on two consecutive dates without sufficient reason will lead the court below to cancel his bail bond.ratio¶21
Condition (II): if the petitioner tampers with evidence or witnesses, the prosecution will be at liberty to move for cancellation of bail.ratio¶22
Condition (III): the court below shall verify the petitioner's criminal antecedents and take steps to cancel the bail bond if concealment of antecedents is found at any stage; however, acceptance of bail bonds in terms of the order shall not be delayed for purpose of or in the name of verification.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Sonu Kumar @ Sonu Singh v. The State of Bihar, Patna High Court, Criminal Miscellaneous No.9021 of 2025, oral order dated 04-08-2025 (Rajesh Kumar Verma, J). Petitioner apprehended arrest in Nawkothi P.S. Case No. 166 of 2024 (FIR dated 14.09.2024) registered under Sections 61(2), 317(4), 317(5), 336(3) and 340(2) of the Bharitya Nagrik Sanhita (BNS) in respect of theft of an e-rickshaw; the recovered e-rickshaw was the subject matter of Bakhtiyarpur (Patna) P.S. Case No. 42 of 2024. Grant rested on two grounds recorded by the Court: (i) the petitioner had already been acquitted by the learned Trial Court (judgment dated 02.01.2025) in Lakhisarai P.S. Case No.516 of 2022 instituted on the same set of allegations — a fact conceded by the APP; and (ii) per the FIR and seizure list, nothing was recovered from the petitioner's conscious possession, the recovery having been made from co-accused Golu Kumar and Sanjay Thakur. Bail directed upon arrest or surrender within thirty days, on a bond of Rs.10,000 with two like sureties to the CJM, Begusarai, subject to Section 438(2) CrPC / Section 482(2) BNSS,2023 conditions and further conditions requiring trial attendance (cancellation on two consecutive unjustified absences), abstention from tampering with evidence or witnesses, and verification of criminal antecedents by the court below — expressly without delaying acceptance of bail bonds in the name of verification. No precedent was cited or relied upon.