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Patna High Court

Sonu Mahto @ Sonu Kumar Roy @ Sonu RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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