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Patna High Court

Md. Sonu Sah @ Sonu SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.

Summary

The petitioners, Md. Sonu Sah, Amir Sah and Belar Sah, applied for regular bail in a case registered under sections 223, 152, 196 and 197 of the Bharatiya Nyaya Sanhita, 2023, alleging participation in a Muharram procession where a co‑accused allegedly waved a Palestine flag. They contended that the allegation of waving the flag was solely against the co‑accused Md. Samad and that they had no criminal antecedent, having been in custody since 29‑January‑2026. The State opposed the bail application. The Court, after noting the lack of prior criminal record, the prolonged custody, and the fact that bail had already been granted to several co‑accused, ordered that all three petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Chief Judicial Magistrate, Nawada. The order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether the petitioners are entitled to regular bail under sections 223, 152, 196 and 197 of the Bharatiya Nyaya Sanhita, 2023, given the allegations and their custody status

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • sections 223 152 196 197
  • procession
  • no criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23553 of 2026
                       Arising Out of PS. Case No.-724 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
           1.     Md. Sonu Sah @ Sonu Sah, Son of Jumrati Shah R/O Village- Bhadauni
                  Gondapur, Chhoti Dargah, P.S.- Nawada, District- Nawada
           2.    Amir Sah, Son of Md. Islam Shah, R/O Village- Bhadauni Gondapur, Chhoti
                 Dargah, P.S.- Nawada, District- Nawada
           3.     Belar Sah @ Bellar Ansari, Son of Late Kamruddin Ansari @ Late
                  Kamruddin Sah, R/O Village- Bhadauni Gondapur, Chhoti Dargah, P.S.-
                  Nawada, District- Nawada
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Mishra, Advocate
                                                  Mr. Basant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Nawada Town P.S. Case

                   no.724 of 2025, registered under sections 223, 152, 196 and 197

                   of the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the petitioners are said

                   to have participated in the procession of Muharram wherein

                   co-accused Md. Samad is said to have waved the flag of

                   Palestine.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners have been falsely implicated in the case. There is no
            Patna High Court CR. MISC. No.23553 of 2026(2) dt.08-04-2026
                                                        2/2




                      allegation of the petitioners having waved the flag of Palestine.

                      The allegation is solely against co-accused Md. Samad. The

                      petitioners are in custody since 29.1.2026 and have no criminal

                      antecedent.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations against the petitioners

                      in the F.I.R., grant of bail to several co-accused including vide

                      order dated 5.1.2026 brought on record as Annexure-P/3 to the

                      petition together with the petitioners being in custody since

                      29.1.2026 and not having any criminal antecedent, all the three

                      petitioners are directed to be enlarged on bail in connection with

                      Nawada Town P.S. Case no.724 of 2025, on each of them

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Chief Judicial Magistrate, Nawada.



                                                         (Partha Sarthy, J)
avinash/-

U      T


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