Patna High Court
Sonu Kumar @ Saurabh Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sonu Kumar, was arrested in connection with a shooting incident alleged under Sections 126(2), 118(1)(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution claims the petitioner and co‑accused fired at an informant after a quarrel, while the petitioner contends he was falsely implicated and no weapon was found in his possession. He has been in custody since 4 July 2025 and has one prior criminal antecedent. The court noted that a co‑accused had already been granted bail, the charge sheet had been filed, and the petitioner’s period of detention was considerable. Considering parity with the co‑accused, the existence of a charge sheet, and the lack of direct evidence against him, the court ordered his release on bail with a bond of Rs.15,000 and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s claim of false implication and lack of recovered weapon affect the bail decision
- Whether parity with a co‑accused who was previously granted bail warrants similar relief
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1)(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- false implication
- parity
- Arms Act
- Bharatiya Nyaya Sanhita
- charge sheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72913 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Sonu Kumar @ Saurabh Kumar Tiwari S/o Surendra Tiwari @ Surendra
Tivari R/O- Rajwaria, P.S.- Nabinagar, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate
Mr. Ravi Kant Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Nabinagar P.S. Case No. 178 of 2025 instituted for the offence
under Sections 126(2), 118(1)(2), 109 & 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and
other co-accused persons shot at the informant. The alleged
occurrence took place in the background of the fact that the
informant scolded both of them while they had been quarreling
with each other.
Patna High Court CR. MISC. No.72913 of 2025(3) dt.13-01-2026
2/3
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 04.07.2025. Petitioner
bears one criminal antecedent/s, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would manifest that there is no
specific allegation against the petitioner, rather the same is
attributed to co-accused, namely, Bholu Kumar. Nothing has
been recovered from the conscious possession of the petitioner.
Other co-accused has been granted bail by this Court vide order
dated 27-11-2025, passed in Cr. Misc. No. 79393 of 2025.
Charge sheet has already been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge sheet being submitted, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.72913 of 2025(3) dt.13-01-2026
3/3
below/concerned Court in connection with Nabinagar P.S. Case
No. 178 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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