Patna High Court
Md. SonuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Sonu, applied for regular bail in a criminal case registered under Sections 303(2), 317(5) and 3(5) of the BNS. The prosecution alleged that the petitioner was part of a group that fled from police on a platform and was later apprehended. The petitioner’s counsel argued that the charges were vague, the only item recovered was a mobile phone with no incriminating material, and that the petitioner had been in judicial custody since 21‑08‑2025. The State’s Additional Prosecutor opposed the bail. After considering the facts, the court found the allegations insufficient to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations under Sections 303(2), 317(5) and 3(5) of the BNS.
- Whether the nature of the allegations (general and omnibus) and lack of incriminating material justify denial of bail.
- Whether the petitioner’s continued judicial custody since 21‑08‑2025 affects the bail decision.
Legislation cited
- BNS — s. 303(2), 317(5), 3(5)
Subjects
- bail
- criminal procedure
- general allegations
- judicial custody
- Sections 303(2)
- Section 317(5)
- Section 3(5)
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4753 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- KATIHAR GRP CASE District- Katihar
======================================================
Md. Sonu S/o- Late Md. Zafar R/v- Driver tola, PS- Katihar Nagar, Distt-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 303(2),
317(5) and 3(5) of the BNS.
3. The case of the prosecution, in short, is that police
found that four persons were sitting on a platform and started
fleeing away seeing the police party and later on they were
apprehended.
4. Learned counsel for the petitioner submits that the
allegation levelled against the petitioner is general and omnibus.
Learned counsel for the petitioner has submitted that recovery of
mobile was done from the possession of the petitioner. No
incriminating article has been recovered. Learned counsel for the
Patna High Court CR. MISC. No.4753 of 2026(2) dt.02-02-2026
2/2
petitioner has lastly submitted that the petitioner is in judicial
custody since 21.08.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Katihar Rail P.S. Case No. 173 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Railway Judicial Magistrate, Katihar.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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