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

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

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Vaishali, in connection with Lalganj P.S. Case No. 271 of 2023, subject to the condition that he remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bonds are liable to be cancelled.

Issue for consideration

Whether the petitioner (Sonu Kumar), accused in Lalganj P.S. Case No. 271 of 2023 registered for offences under Sections 147, 148, 447, 341, 323, 379, 354, 307, 302, 504 and 506 IPC, should be granted regular bail. +1 more

Court's answer

Bail granted: considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Vaishali, in connection with Lalganj P.S. Case No. 271 of 2023.

Ratio / Principle

The bail is conditioned on the petitioner remaining physically present before the learned Court below on each and every date; absence on two consecutive dates without reasonable cause renders his bail bonds liable to be cancelled.

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), Criminal Miscellaneous No. 9050 of 2025, decided 16-04-2025 — Regular bail granted. Petitioner Sonu Kumar, arraigned in Lalganj P.S. Case No. 271 of 2023 (dated 02.08.2023, District Vaishali) for offences under Sections 147, 148, 447, 341, 323, 379, 354, 307, 302, 504 and 506 IPC, sought regular bail. Prosecution case: the petitioner and co-accused allegedly brutally assaulted the informant and his family members; the informant's mother sustained multiple fracture injuries and died during treatment; the State relied on the post-mortem showing several penetrating wounds over the right wrist and knee, fracture of tibia and fibula, with death due to haemorrhage and shock. Defence: land dispute between agnate parties; no specific allegation of assault against the petitioner, only general and omnibus allegations; no criminal antecedent; custody since 07.10.2024; co-accused already bailed by a Co-ordinate Bench (order dated 02.12.2024 in Cr. Misc. No. 33737 of 2024). Considering the facts and circumstances and the period of custody, the Court enlarged the petitioner on bail on a bail-bond of Rs.20,000/- with two sureties of the like amount each, conditioned on his physical presence before the Court below on every date, failing which on two consecutive unexcused absences the bonds are liable to cancellation. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9050 of 2025

Arising Out of PS. Case No.-271 Year-2023 Thana- LALGANJ District- Vaishali

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

SONU KUMAR S/O Rajesh Sah R/O Vill.- Sahdullapur, P.S.- Lalganj, Dist.Vaishali.

... ... Petitioner/s Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mritunjay Kumar For the Opposite Party/s : Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 16-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Lalganj P.S. Case No. 271 of 2023 dated 02.08.2023 registered for the offences punishable under Sections 147, 148, 447, 341, 323, 379, 354, 307, 302, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have brutally assaulted the informant and his family members, as a result of which, the mother of the informant sustained multiple fracture injuries and during course of treatment she died.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties and both the

Patna High Court CR. MISC. No.9050 of 2025(2) dt.16-04-2025 2/3

parties are agnates. There is no specific allegation of assault against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.10.2024. The co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 02.12.2024 passed in Cr. Misc. No. 33737 of 2024.

Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that as per the postmortem report, the deceased sustained several penetrating wounds over right wrist, knee and fracture of tibia and fibula. It is further submitted that the cause of death is due to haemorrhage and shock.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali in connection with Lalganj P.S. Case No. 271 of 2023, with the condition:-

(i) The petitioner is directed to remain physically

Patna High Court CR. MISC. No.9050 of 2025(2) dt.16-04-2025 3/3

present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

cause, the bail bonds of the petitioner are liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)

Shivam/-

U T