Patna High Court
Sonu RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Sonu Rai was arrested in connection with a case alleging that he and eight others assaulted an informant using a gun, a firearm, and a sword. The FIR charged him under sections 126(2), 115(2), 117(2), 118(2), 109, 352 and 3(5) of the BNS. The petitioner contended that the FIR was vague, the injury report showed injuries caused by blunt objects, and he had been in judicial custody since 15‑01‑2026, asserting his innocence. The State opposed the grant of regular bail. After hearing both sides, the court found merit in the petitioner's contentions and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious offences alleged under the BNS?
Legislation cited
- BNS — s. 109, 115(2), 117(2), 118(2), 126(2), 3(5), 352
Subjects
- regular bail
- judicial custody
- BNS
- section 126(2)
- section 115(2)
- section 117(2)
- section 118(2)
- section 109
- section 352
- section 3(5)
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12896 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Sonu Rai Son of Mauji Rai Resident Of Village - Rampur Shyamchand, P.S. -
Raghopur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 117(2), 118(2), 109, 352 and 3(5) of BNS.
3. The case of the prosecution is that the petitioner
along with other eight persons arrived and assaulted the
informant with gun, farsa and sword.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the nature of allegation is general and
omnibus. From perusal of the injury report, it is also clear that
all the injuries were caused by hard and blunt substance. Injury
Patna High Court CR. MISC. No.12896 of 2026(2) dt.10-03-2026
2/2
report does not correlate the allegation. Moreover, he is
languishing in judicial custody since 15.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Raghopur P.S. Case No. 277 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-XV, Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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