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

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

What the court decided

AI extract

Outcome

Petitioner released on bail in connection with Barari P.S. Case No. 89 of 2018 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court, subject to conditions: (i) one bailor to be own/close family member; (ii) appearance on each and every trial date; (iii) liberty to the Trial Court to cancel bail bonds on default of appearance on two consecutive dates.

Issue for consideration

Whether the petitioner, in custody since 30-08-2024 in connection with Barari P.S. Case No. 89 of 2018 instituted under Sections 457 & 380 IPC, should be released on bail.

Court's answer

Bail is granted to the petitioner, the Court being inclined thereto in view of the facts and circumstances of the case, the period of custody undergone, and the charge sheet having been submitted.

Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Barari P.S. Case No. 89 of 2018.

Key takeaways

Release is made subject to conditions: one of the bailors shall be an own/close member of the petitioner's family; the petitioner shall appear on each and every date fixed at the trial; and upon default in appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds.ratio¶¶24

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J), order dated 24-02-2025 in Criminal Miscellaneous No. 9705 of 2025 arising out of Barari P.S. Case No. 89 of 2018, District Katihar, instituted for offences under Sections 457 & 380 IPC (burglary at informant's cousin's locked house; LED TV, jewellery and cash stolen). Considering the facts and circumstances, the petitioner's custody since 30-08-2024, and submission of the charge sheet, the Court allowed the bail application and directed release on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, conditioned on one bailor being an own/close family member and appearance on every trial date, with liberty to the Trial Court to cancel the bail bonds on default of appearance on two consecutive dates. One criminal antecedent was disclosed in the bail application; the record reflects counsel's submissions that the petitioner is not named in the FIR, was implicated on a co-accused's confessional statement, and that no recovery was made from him — recorded as submissions, not Court findings.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9705 of 2025

Arising Out of PS. Case No.-89 Year-2018 Thana- BARARI District- Katihar

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

Sonu Sah S/O Baudhu Sah@ Budh Narayan Sah Resident of village - Lalchand Sameli, police station - Pothia, District- katihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barari P.S. Case No. 89 of 2018 instituted for the offence under Sections 457 & 380 of the Indian Penal Code.

3. As per prosecution case, informant reported that a burglary at his cousin’s locked house, where valuables, including an LED TV, jewellery, and cash were stolen.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-08-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner’s

Patna High Court CR. MISC. No.9705 of 2025(2) dt.24-02-2025 2/3

counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, and the same has no evidentiary value in the eye of law. No recovery is made from the possession of the petitioner. It is next submitted that charge sheet has been submitted in this case.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barari P.S. Case No. 89 of 2018, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.9705 of 2025(2) dt.24-02-2025 3/3

two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T