Patna High Court
Sonu Sahni @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail may be granted to the petitioners on the condition of a Rs.10,000 bond with two sureties, with the trial court empowered to cancel the bail if trial delay is attempted.
Summary
Petitioners Sonu Sahni and Harendra Sahni, accused of offences under Sections 126(2), 109(1), 118(2), 352, 351(2) and 61(2) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, were in custody since 9 December 2025. They had earlier applied for regular bail (Cr. Misc. No. 12232 of 2026) which was rejected, but were allowed to renew the prayer after charge‑framing. The petitioners argued they would not abscond and would cooperate with the trial. The State opposed the bail. The Court, after hearing both sides, directed that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to the trial court’s power to cancel the bail if the petitioners attempt to delay the trial.
Issues considered
- Whether the petitioners are entitled to regular bail despite the seriousness of the charges
- Whether the conditions imposed are sufficient to ensure the petitioners’ attendance at trial
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act (BNS) — s. 109(1), 118(2), 126(2), 351(2), 352, 61(2)
Subjects
- bail
- regular bail
- criminal procedure
- Arms Act
- Bihar Negotiable Instruments Act
- trial court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40671 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Sonu Sahni @ Sonu Kumar S/O Santosh Sahni R/O Vill.- Silaut, P.S.-
Samastipur Mufassil, Dist.- Samastipur
2. Harendra Sahni @ Harendra Kumar Sahni @ Harendra Kumar S/O Ashok
Sahni R/O Vill.- Silaut, P.S.- Samastipur Mufassil, Dist.- 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. Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 126(2), 109(1), 118(2), 352,
351(2) and 61(2) of the BNS as well as Section 27 of the Arms
Act.
3. Learned counsel for the petitioners submits that
petitioners had earlier moved this Court seeking regular bail by
filing Cr. Misc. No. 12232 of 2026 and the same came to be
rejected by an order dated 05.05.2026 with liberty to the
petitioners to renew their prayer for bail after framing of charge.
It is further submitted that petitioners are in custody since
09.12.2025. It is next submitted that if the privilege of regular
Patna High Court CR. MISC. No.40671 of 2026(2) dt.03-07-2026
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bail is granted to the petitioners, the petitioners will not abscond
rather will cooperate in the trial to prove their innocence as
charges against the petitioners stand framed by an order dated
02.05.2026 (Annexure-4 to the regular bail application).
4. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioners.
5. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, the petitioners,
above-named, are directed to be released on bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with
Sessions Trial No. 305 of 2026 arising out of Samastipur
(Mufassil) P.S. Case No. 485 of 2025.
6. However, it is made clear that if the learned Trial
Court comes to a conclusion that the petitioners, after their
release on bail, are trying to delay the trial of the case in any
manner, the learned Trial Court shall be at liberty to cancel the
bail bonds of the petitioners.
(Satyavrat Verma, J)
Kundan/-
U T
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