Patna High Court

Sonu Yadav @ Sonu KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court granted bail to the petitioner, finding that the circumstances did not preclude release on bail.

Summary

The petitioner, Sonu Yadav, was named in an FIR for alleged firing on an informant and others following a motorcycle accident on 09.01.2026, with charges under multiple sections of the Bhartiya Nyay Sanhita, 2023 and the Arms Act. The petitioner contended that no one sustained bullet injuries, arguing that the case was fabricated due to personal enmity and that he was already on bail in three other criminal matters. The State opposed the bail application, citing the seriousness of the offences. The Court examined the factual matrix, noting the lack of injury and the possibility of a false case, and considered the bail provisions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to the conditions prescribed.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the BNSS and Arms Act
Whether the alleged lack of injury and claim of false case affect the bail eligibility

Legislation cited

Arms Act — s. 27
Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 127(3), 191(2), 304(2), 351(3), 352, 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
criminal procedure
firearms
false case
enmity
BNSS
Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27399 of 2026
                    Arising Out of PS. Case No.-13 Year-2026 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Sonu Yadav @ Sonu Kumar S/o Kailash Yadav @ Kailash Ray R/o Village -
                 Godihari (Uchauli), P.S - Hayaghat, District - Darbhanga
                                                                                 ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-04-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Kalyanpur P.S.

                   Case No. 13 of 2026 registered for the offences punishable

                   under Sections 126(2), 115(2), 109, 127(3), 191(2), 304(2),

                   352, 351(3) of the Bhartiya Nyay Sanhita, 2023 (in short,

                   the ‘B.N.S.’) and section 27 of the Arms Act.

                             3. As per FIR, petitioner alleged to open firing upon

                   informant and others along with 10 named co-accused

                   persons along with 5-6 unknown persons as some

                   altercation due to motorcycle accident took place between

                   them on 09.01.2026.

                             4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.27399 of 2026(2) dt.29-04-2026
                                            2/3




          behalf of the petitioner that admittedly informant and his

          friends not received any bullet injury during the occurrence,

          which makes allegation unbelievable on its face for the

          reason that the allegation of firing was raised against 10

          persons including this petitioner. It is submitted that on the

          basis of enmities, present false case was lodged. While

          concluding arguments, it is submitted that petitioner found

          involved in three more criminal cases, where he is on bail.

                   5. Learned APP opposes the prayer of bail.

                   6. In view of aforesaid factual submission and by

          taking note of fact as admittedly this is not a case of injury

          in the background of allegation of indiscriminate firing by

          seven persons from close range, where implication prima-

          facie also appears raised in the background of previous

          enmities, accordingly, petitioner above-named, in the event

          of his arrest or surrender before the court below within a

          period of four weeks, is directed to be released on bail,

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

          with two sureties of the like amount each to the satisfaction

          of the learned CJM, Samastipur/concerned Court, where the

          case is pending in connection with Kalyanpur P.S. Case No.
           Patna High Court CR. MISC. No.27399 of 2026(2) dt.29-04-2026
                                                       3/3




                     13 of 2026, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T

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