Patna High Court
Sonu Kumar @ Sonu MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Sonu Kumar, sought bail in a case (Nawkothi PS Case No. 102 of 2025) involving offences under several sections of the B.N.S. and the Arms Act, arising from an incident where accused opened fire on police and vice‑versa. The prosecution alleged that the petitioner escaped after the encounter, while the petitioner claimed innocence, stating that no incriminating material was recovered from him and that co‑accused who faced similar charges had been granted bail. The State opposed bail, citing the petitioner’s two prior criminal cases. The court examined the nature of the allegations, the lack of direct evidence against the petitioner, and the precedent of bail being granted to similarly situated co‑accused. Considering these factors, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the B.N.S. and the Arms Act
- Whether the petitioner’s alleged criminal antecedents preclude bail
- Whether the lack of material evidence and the grant of bail to co‑accused warrant release of the petitioner
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- police encounter
- antecedent cases
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10636 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Sonu Kumar @ Sonu Mahto, S/o Amarjeet Mahto, R/o Village- Ratan,
(Gumtipar), P.S- Bakhri,Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nawkothi P.S. Case No. 102 of 2025 registered for the
offence punishable under Sections 132, 109(1), 310(4), 310(5),
317(5), 61(2) of B.N.S. and Sections 25(1-B)a, 26, 35 and 27 of
the Arms Act.
3. The case of the prosecution, in short, is that the
informant along with police team on receiving confidential
information went to village Samsa where several accused
persons allegedly opened fire upon the police party. In response
to which the police also resorted to firing. It is alleged that one
of the accused persons, namely, Ranveer Mahto sustained
Patna High Court CR. MISC. No.10636 of 2026(2) dt.23-02-2026
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injuries and was apprehended from whose possession, arms and
ammunition were recovered while the remaining accused
persons including the petitioner managed to escape from the
place of occurrence.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The co-accused Ranveer Mahto has disclosed the name of
petitioner and other accused persons. The nature of allegation is
general and omnibus. Nothing has been recovered from his
possession. It has further been submitted that similarly situated
co-accused persons Rajesh Kumar and Bikesh Kumar have been
granted bail by learned Co-ordinate Bench of this Court vide Cr.
Misc. No. 6030 of 2026. Moreover, petitioner is languishing in
judicial custody since 15.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.10636 of 2026(2) dt.23-02-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Begusarai in connection with Nawkothi
P.S. Case No. 102 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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