Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail.

Summary

The Patna High Court considered the bail application of Sonu Kumar, who was charged under several sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act for allegedly plotting a robbery. The prosecution alleged that a pistol was recovered from a co‑accused and a mobile phone from the petitioner, while the petitioner claimed innocence, no criminal antecedent, and cited that a similarly situated co‑accused had been granted bail in a related case. After hearing both sides, the court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The decision reflects the court’s discretion to grant bail when the allegations do not demonstrate a risk of absconding or tampering with evidence. The petitioner was consequently released pending trial.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the B.N.S., 2023 and the Arms Act
Whether the presence of seized items and alleged involvement in a robbery plot justify denial of bail
Whether the grant of bail to a similarly situated co‑accused influences the decision

Legislation cited

Arms Act — s. 25(1-B)a, 26, 35
B.N.S., 2023 — s. 309(5), 317(4), 336(3), 338, 340(2)

Subjects

bail
pre‑trial detention
robbery
arms possession
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85897 of 2025
                 Arising Out of PS. Case No.-598 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Sonu Kumar Son of Sapil Rai R/o Village - New Jaganpura P.S - Ram
                 Krishna Nagar, District -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Narendra Kumar, Advocate
                                                Mr. Prakash Ranjan Sinha, Advocate
                                                Mr. Akash Ambuj, Advocate
                 For the Opposite Party/s :     Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Ram Krishna Nagar P.S. Case No. 598 of 2025 registered

                   for the offence punishable under Sections 309(5), 317(4),

                   336(3), 338, 340(2) of the B.N.S., 2023 and Sections 25(1-B)a,

                   26, 35 of the Arms Act.

                                 3. The case of the prosecution in short is that the

                   petitioner along with others were making a plot to commit

                   robbery but they were apprehended. From perusal of the seizure

                   list, it is clear that from the possession of co-accused namely,

                   Vishal Kumar, a country made pistol was recovered and from

                   the possession of this petitioner, a mobile was recovered.
Patna High Court CR. MISC. No.85897 of 2025(3) dt.30-01-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that though there is allegation that the

          petitioner along with others were making plan for committing

          robbery but no such offence has been committed and nothing

          has been recovered from the possession of the petitioner. He

          also submits that similarly situated co-accused namely,

          Abhishek Kumar has been granted bail by this court in Cr. Misc.

          No. 80799 of 2025. He further submits that a statement has been

          made in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          21.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Judicial

          Magistrate, 1st Class, Patna in connection with Ram Krishna
           Patna High Court CR. MISC. No.85897 of 2025(3) dt.30-01-2026
                                                       3/3




                     Nagar P.S. Case No. 598 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

Continue reading with your account

Checking your session…