Patna High Court
Md. Sonu Sah @ Sonu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 152, 196, 197, 223
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
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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/-
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