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Patna High Court

Sohan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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