Patna High Court
Sonu Sahni @ Sonu Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that in view of the absence of incriminating material, the petitioner’s non‑inclusion in the FIR, the prolonged pre‑trial custody and the precedent of bail to a co‑accused, bail should be granted subject to conditions.
Summary
The petitioner, Sonu Sahni, was arrested in connection with a robbery alleged to have been committed by five unknown persons who looted Rs. 5,70,000 from a shop. He faces charges under Sections 310(2), 310(4) and 311 of the Bharatiya Nyaya Sanhita, 2023, which pertain to serious offences of murder. The petitioner contended that he is innocent, was not named in the FIR, and that the only link to him is a self‑confessional statement in another case that lacks evidentiary value; no material was recovered from his possession and no T.I. parade was conducted. The State opposed bail, citing the gravity of the offences and the petitioner’s two prior criminal antecedents. The Court, considering the lack of incriminating evidence, the petitioner’s prolonged pre‑trial detention since 20‑12‑2024, and a prior order granting bail to a co‑accused, decided to grant bail subject to strict conditions. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties and compliance with stipulated conditions.
Issues considered
- Whether bail can be granted in a case involving offences under Sections 310(2), 310(4) and 311 of the Bharatiya Nyaya Sanhita, 2023 despite their seriousness.
- Whether the absence of the petitioner’s name in the FIR and lack of recovered incriminating material justify bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 310(4), 311
Subjects
- bail
- Bharatiya Nyaya Sanhita
- murder
- robbery
- pre‑trial detention
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74106 of 2025
Arising Out of PS. Case No.-251 Year-2024 Thana- SAMASTIPUR District- Samastipur
======================================================
Sonu Sahni @ Sonu Kumar Sahni S/o Kamal Sahni R/o Village - Bajitpur,
P.S- Patepur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Samastipur Town P.S. Case No. 251 of 2024, instituted for the
offences punishable under Sections 310(2), 310(4) and 311 of
the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that five unknown
miscreants have looted Rs. 5,70,000/- from the shop of
informant on gun point.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.74106 of 2025(3) dt.03-02-2026
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the petitioner also submits that the petitioner is not named in the
FIR. Name of the petitioner has transpired in this case on the
basis of his self-confessional recorded in Tajpur P.S. Case No.
251 of 2024 and the same has got no evidentiary value in the
eye of law. It is further submitted that neither any recovery of
any looted article has been made from the possession of the
petitioner nor any T.I. parade has been conducted in this case.
The petitioner is in custody since 20.12.2024 and has got two
criminal antecedents. Learned counsel for the petitioner further
submits that similarly situated co-accused has been granted
regular bail by this Court vide order dated 30.07.2025 passed in
Cr. Misc. No. 47004 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Samastipur Town
Patna High Court CR. MISC. No.74106 of 2025(3) dt.03-02-2026
3/3
P.S. Case No. 251 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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