Created by Fuzzy Cloud

Patna High Court

Md. SonuversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.