Patna High Court
Sonu Jha @ Subham Kumar Jha @ Shubham Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bond and surety conditions under Section 438 CrPC and Section 482 BNSS.
Summary
The petitioner, Sonu Jha, applied for anticipatory bail in connection with Sadar P.S. Case No. 218 of 2025, which alleged offences under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The incident involved a shooting at a tea shop, but the informant testified that no one was injured and the petitioner’s name does not appear in the FIR. The petitioner’s counsel argued that he is innocent, not named in the FIR, and that the investigation merely produced his name later. The State and the informant opposed the bail, contending the seriousness of the offences. The Court, after considering the lack of injury, the petitioner’s non‑inclusion in the FIR, and the principle of liberty, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482 of the BNSS and Section 438(2) of the CrPC. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s non‑inclusion in the FIR and the absence of any injury justify the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Bharatiya Nyaya Sanhita
- Arms Act
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82708 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Sonu Jha @ Subham Kumar Jha @ Shubham Kumar Jha Son of Lal Babu Jha
Resident of Village- Chatti Pokhar, P.S.- L.N.M.U., District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the State : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 05-05-2026 Heard the learned counsel for the petitioner; learned
counsel for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Sadar P.S. Case No. 218 of 2025 registered for offences under
Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. Allegedly, on the fateful day, while the informant,
who is said to be an employee at the bus stand, was sitting in a
tea shop, 5–6 persons arrived at 2–3 motorcycles and started
firing indiscriminately. However, the informant somehow
managed to save himself. The informant also recognized two of
the assailants, who were identified as Vishal Yadav and Vikky
Yadav.
Patna High Court CR. MISC. No.82708 of 2025(4) dt.05-05-2026
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4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is not named in the FIR;
however, during the course of the investigation, the name of the
petitioner has come. It is also an admitted fact that no one
sustained any injury in the incident.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Darbhanga/ concerned Court below in connection
with Sadar P.S. Case No. 218 of 2025 subject to the conditions
laid down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
Patna High Court CR. MISC. No.82708 of 2025(4) dt.05-05-2026
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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