Patna High Court
Sonu Sahni @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
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
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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
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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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