Patna High Court
Sonalal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with specified terms.
Summary
The petitioner, Sonalal Yadav, was arrested on 9 August 2025 for allegedly stabbing an informant's son and possessing a country‑made pistol. He faces charges under several sections of the Bihar Non‑Compulsory Statutes and the Arms Act. The petitioner pleaded for bail, asserting a clean criminal antecedent, while the State highlighted the grievous injuries inflicted on the victim. The court noted the petitioner’s lack of prior convictions and the length of his pre‑trial custody. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent without delaying release.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and the presence of a weapon.
- Whether the petitioner’s clean antecedent and period of custody justify bail.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26
Subjects
- bail
- criminal procedure
- assault
- weapon possession
- clean antecedent
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86822 of 2025
Arising Out of PS. Case No.-426 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Sonalal Yadav Son of Shivpujan Yadav Resident of Village- Ray Karariya,
P.S.- Pahar Pur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard Mr.Vijay Shankar Shrivastava, learned counsel
for the petitioner and Mr.Mohammad Sufyan, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
09.08.2025 in connection with Paharpur P.S. Case No. 426 of
2025, F.I.R. dated 08.08.2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 109(1), 352,
3(5) of BNS and Sections 25(1-B)a/26 of the Arms Act.
3. Allegation against the petitioner is that he
alongwith other co-accused person, namely, Tuntun Yadav and
Ashok Singh came on TVS Bike and stabbed informant’s son
Himanshu Singh with the knife, causing injury on his ribs and
back. The accused petitioner was apprehended by the police at
the spot and a country made pistol has been recovered from his
Patna High Court CR. MISC. No.86822 of 2025(3) dt.30-03-2026
2/3
possession.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that there FIR is in two parts. In 1st part, there is general
and omnibus allegation against all the accused persons including
the petitioner and in 2nd part, the petitioner was apprehended and
his possession, one empty country made revolver has been
recovered. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 09.08.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the victim has received
two injuries which are grievous in nature.
6. Considering the aforesaid fact, petitioner has clean
antecedent and the period of custody, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned CJM, East Champaran at
Motihari in connection with Paharpur P.S. Case No. 426 of
2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.86822 of 2025(3) dt.30-03-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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