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Patna High Court

Md. Sonu @ Galjalla @ Nausad @ GallaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Sonu, was arrested in connection with a robbery and shooting incident alleged to have occurred in Patna, and is charged under Sections 394 and 411 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution’s case relies on the informant’s statement and a confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR. The petitioner, who has been in custody since 18‑Oct‑2024 and has eight prior criminal antecedents, claims false implication and argues that no specific allegation of firing is made against him and no weapon was recovered from his possession. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The High Court, after considering the circumstances and the fact that the charge‑sheet has been filed, granted bail on a cash bond of Rs.15,000 with two sureties, subject to conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.

Issues considered

  • Whether bail can be granted in a case involving offences under IPC Sections 394 and 411 and the Arms Act despite the seriousness of the charges and the petitioner’s prior criminal antecedents.
  • Whether the petitioner’s implication solely on the basis of a co‑accused’s confessional statement suffices to justify continued detention.
  • Whether the conditions imposed by the Court are appropriate for the grant of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • robbery
  • dacoity
  • prior criminal antecedents
  • co‑accused confession
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80684 of 2025
                     Arising Out of PS. Case No.-258 Year-2023 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Md. Sonu @ Galjalla @ Nausad @ Galla S/o Md. Nasim R/o Dargah
                 Chauraha, P.s.- Sultanganj, Distt.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Jagjit Roshan, Advocate
                                                  Mr. Anjani Kumar, Advocate
                                                  Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                            2.      At the outset, learned counsel for the petitioner

                   seeks permission of this Court to make necessary correction/s in

                   paragraph No.3 of the bail application in course of the day.

                            3.      The petitioner seeks bail in connection with

                   Bahadurpur P.S. Case No. 258 of 2023 instituted for the offence

                   under Sections 394 & 411 of the Indian Penal Code and Section

                   27 of the Arms Act.

                            4.          The prosecution case is based on the fardbayan of

                   the informant, who alleged that while on his way in Patna for

                   his M.Com examination, 2–3 unknown youths robbed him at
Patna High Court CR. MISC. No.80684 of 2025(3) dt.11-02-2026
                                            2/3




          gunpoint and snatched his mobile and bag. During the incident,

          one accused fired at him causing a gunshot injury to his leg,

          after which the assailants fled and he was taken to NMCH by

          the police.

                  5.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 18.10.2024. Petitioner

          bears eight (8) criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  6.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has transpired on the basis of confessional statement of co-

          accused, namely, Md. Khalil. There is no specific allegation of

          firing against the petitioner even in the case diary. Injury of the

          injured is though found to be grievous in nature. Nothing has

          been recovered from the conscious possession of the petitioner.

          Charge sheet has already been submitted in this case.

                  7.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  8.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and charge sheet

          being submitted, this Court is inclined to grant bail to the
           Patna High Court CR. MISC. No.80684 of 2025(3) dt.11-02-2026
                                                       3/3




                     petitioner.

                             9.      Let the petitioner be released on bail, after framing

                     of charge, if not already framed, on furnishing bail bonds of

                     Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Bahadurpur P.S. Case No. 258 of 2023,

                     subject to the following conditions:

                                   (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                   (II) The petitioner shall appear on each and every date

                     fixed at the trial and shall not remain absent on two consecutive

                     dates without sufficient cause.

                                   (III) The petitioner will not tamper with the evidence

                     or the witnesses during the trial.

                                   (IV) Petitioner shall not commit offence of similar

                     nature in future.

                             If any of the above conditions are violated, the Trial

                     Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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