Patna High Court
Sonu Mahto @ Sonu Kumar Roy @ Sonu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary bond and specific conditions.
Summary
The petitioner, Sonu Mahto, was arrested in connection with a case alleging assault, abuse, and obstruction of worship under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution contended that the petitioner objected to the informant's worship and assaulted her family, causing injuries. The petitioner argued that he was falsely implicated as a retaliatory move in a related case, had no prior criminal record, and had been in custody since 18 October 2025. The State opposed bail, citing the seriousness of the offences. The Court, considering the lack of antecedents, the duration of custody, and the circumstances, granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and family suretyship.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
- assault
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2203 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Sonu Mahto @ Sonu Kumar Roy @ Sonu Ray Son of Late Prasadi Mahto @
Prasad Mahto Resident of Village- Chhatauna, P.S.- Samastipur (Muffasil),
District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Samastipur (Muffasil) P.S. Case No. 411 of 2025 instituted for
the offences under Sections 126(2), 115(2), 303(2), 109(1),
351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused
objected the informant to worship, and also abused and
assaulted her and her family members, causing injuries.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. He
further submitted that the present case is the counter-blast of
Patna High Court CR. MISC. No.2203 of 2026(2) dt.21-01-2026
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Samastipur (Muffasil) P.S. Case No. 410 of 2025. Learned
counsel for the petitioner submitted that general and omnibus
allegation has been made against the petitioner. There is case
and counter-case between the parties. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
18.10.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Samastipur
(Muffasil) P.S. Case No. 411 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.2203 of 2026(2) dt.21-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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