Patna High Court
Sohan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner with a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Sohan Ray, was arrested in connection with a case alleging he held a pistol and fired celebratory shots, based on a news report and social media images. He sought bail, arguing that no weapon was recovered, the alleged offenses under the Arms Act were not substantiated, and the charges under the Bharatiya Nyaya Sanhita, 2023 are bailable. The State opposed bail, citing the petitioner's prior criminal antecedents. The Court noted the absence of a recovered weapon and lack of any allegation of terror, and therefore granted bail subject to a bond of ₹30,000 and several conditions, including regular appearances before the trial court and police. The order was pronounced by Justice Dr. Anshuman, applying provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act in view of the facts.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Arms Act — s. 25(9), 27
- Bharatiya Nagrik Suraksha Sanhita — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita — s. 223
Subjects
- bail
- Arms Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- social media evidence
- pending criminal cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10524 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Sohan Ray Son of Gangavishun Ray Village- Ibrahimabad Ps -Raghopur
District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Bela Singh, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing for the petitioner and
learned APP appearing for the State.
2. The petitioner is apprehending arrest in connection
with Raghopur P.S. Case No. 154 of 2025 lodged on
15.06.2025, for the offences punishable under section 223 of the
Bharatiya Nyaya Sanhita, 2023 and Sections 25(9), and 27 of
the Arms Act.
3. As per the prosecution case, the F.I.R. has been
lodged against the present petitioner on the basis of a news item
published in a daily newspaper stating that a video and
photographs of the petitioner were uploaded on social media in
which he was seen holding a pistol in his hand and allegedly
making celebratory firing.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10524 of 2026(2) dt.12-03-2026
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petitioner is innocent and has committed no offence. It is further
submitted that the only adverse allegation in the F.I.R. against
the petitioner is that four criminal cases are pending against
him. So far as the merits of the present case are concerned, no
offence under the Arms Act is made out as no arm has been
recovered from the possession of the petitioner. It is further
submitted that the offences alleged under the provisions of the
BNS, 2023 are bailable in nature. However, in the event bail is
granted to the petitioner, he undertakes to abide by and fulfill all
the conditions that may be imposed by this Hon’ble Court.
5. Learned APP for the State opposes the prayer for
bail and submits that since the antecedents of the petitioner are
not clean, he does not deserve to be enlarged on bail.
6. Considering the fact that arms has not been
recovered from the possession of the petitioner and there is no
allegation in the FIR that by way of making fire, the petitioner
wants to create terror in the locality, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the learned Additional Chief
Patna High Court CR. MISC. No.10524 of 2026(2) dt.12-03-2026
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Judicial Magistrate, XV, Vaishali at Hajipur, in connection with
the aforementioned case, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023 as well as the following conditions :-
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark attendance;
(Dr. Anshuman, J)
Ashwini/-
U T
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