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Patna High Court

Sonu Sahni @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Sonu Sahni, was arrested in connection with a murder case (Kalyanpur PS Case No. 359 of 2025) and charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Sections 27, 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that a group, including the petitioner, assaulted the deceased and that another accused, Ramjanam Sahni, fired a pistol, causing the victim's death. The petitioner argued that he had a clean antecedent, that the FIR specifically implicated only Ramjanam Sahni for the firing, and that a co‑accused (Pawan Sahni) had already been granted bail. The State opposed bail, contending that the petitioner was present at the scene. The Court, after considering the lack of a specific allegation of firing against the petitioner and his clean record, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite his presence at the scene of the murder.
  • Whether the absence of a specific allegation of firing against the petitioner warrants bail.
  • Whether the petitioner’s clean antecedent and the bail granted to a co‑accused influence the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • murder
  • mob participation
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21911 of 2026
                   Arising Out of PS. Case No.-359 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Sonu Sahni @ Sonu Kumar S/o- Deep Narayan Sahni @ Deepu Sahni R/v-
                 Bhagirathpur Ps- Kalyanpur Dist- Samastipur

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar Roy
                 For the Opposite Party/s :      Mr. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-06-2026                    Heard Mr. Dilip Kumar Roy, learned counsel for the

                   petitioner and Mr. Meena Singh, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   31.10.2025 in connection with Kalyanpur P.S. Case No. 359 of

                   2025 for the offences punishable under Sections 103(1) and 3(5)

                   of BNS and Sections 27, 25(1-b)a, 26 and 35 of the Arms Act.

                               3. The case of the prosecution, in brief, is that from

                   the perusal of the F.I.R., The prosecution case, in brief, is that on

                   27.10.2025 at about 7:30 PM, the husband of the informant

                   Mantun Choudhary was sitting in front of his house at the shop

                   of Gauri Choudhary situated on the embankment. At that time,

                   the accused persons namely Ramjanam Sahni, Pintu Rai, Pawan

                   Sahni, Sonu Sahni, Krishna Sahni, along with one unknown
Patna High Court CR. MISC. No.21911 of 2026(3) dt.19-06-2026
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          person, arrived there on two motorcycles and a scooty and

          started abusing the deceased. When the deceased protested, the

          accused persons followed him up to the shop of Baleshwar

          Choudhary. In the meantime, accused Ramjanam Sahni took out

          a pistol from his waist and started indiscriminate firing at the

          deceased, as a result of which the deceased sustained four

          gunshot injuries and fell down on the spot. The accused persons

          were armed with weapons and while making indiscriminate

          aerial firing, they attempted to flee from the place of occurrence.

          With the help of villagers, one accused namely Ramjanam Sahni

          was apprehended on the spot, while the other accused persons

          managed to escape. The injured was immediately taken to Sadar

          Hospital, Samastipur, where the doctor declared him dead after

          examination. It is further alleged that about one hour prior to the

          occurrence, the deceased had gone to village Bhagirathpur

          where accused Ramjanam Sahni had threatened him with dire

          consequences and threatened to kill him. From the place of

          occurrence, empty cartridges, a pistol and one motorcycle (Hero

          Splendor Plus bearing registration no. BR33AV-8053) were

          recovered by the police.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent. It is next submitted that
Patna High Court CR. MISC. No.21911 of 2026(3) dt.19-06-2026
                                            3/4




          although the petitioner is named in the FIR but from perusal of

          the FIR it appears that there is specific allegation of firing is

          attributed against co-accused person, namely, Ramjanam Sahni

          and petitioner is merely a member of the mob and there is no

          allegation of assault or overt act against the petitioner and co-

          accused person, namely, Pawan Sahni has been granted bail by a

          co-ordinate Bench of this Court vide order dated 17.03.2026

          passed in Cr. Misc. No. 16798 of 2026. It is next submitted that

          the police after investigation has submitted charge-sheet and

          petitioner is in custody since 31.10.2025.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner was present at the place of occurrence

          but also fairly submits that there is no specific allegation of

          firing attributed against the petitioner

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, Samastipur in connection with Kalyanpur

          P.S. Case No. 359 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
           Patna High Court CR. MISC. No.21911 of 2026(3) dt.19-06-2026
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                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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