Patna High Court
Md. Sonu @ Md. MonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Md. Sonu, was arrested in connection with a case alleging that he and 10-12 others assembled in an orchard armed with firearms intending to commit dacoity, and that a loaded country-made pistol was recovered from his possession. The petitioner contended that the weapon was planted by the police and that all seizure witnesses were government officials, making tampering unlikely. He also highlighted his clean antecedent, the completion of the investigation, and his prolonged pre‑trial detention since 3 October 2025. The State opposed the bail application. Considering the petitioner’s clean record, the completed investigation, and the nature of the witnesses, the Court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether regular bail should be granted in a case involving alleged dacoity and possession of arms when the investigation is complete and the petitioner claims the evidence is fabricated.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5), 61(2)
Subjects
- regular bail
- dacoity
- arms act
- fabricated evidence
- investigation completed
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89073 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- Manikpur District- Lakhisarai
======================================================
Md. Sonu @ Md. Monu S/o- Md. Manzoor Alam @ Md. Manjur Alam
Resident of Village- Surajgarha Naya Tola PS- Surajgarha District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Manikpur P.S. Case No. 117 of 2025 registered for the offences
punishable under Sections 310(4), 310(5) and 61(2) of the BNS
and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The main submissions advanced by the petitioner’s
counsel are that, as per the allegation, 10–12 persons, including
the petitioner, assembled in an orchard allegedly armed with
firearms with an intention to commit dacoity, and from the
possession of the petitioner one loaded country-made pistol was
shown to have been recovered, but the said recovery was
planted and fabricated by police, in fact, the said weapon was
not recovered from the conscious possession of the petitioner
but was allegedly recovered from a field. It is further submitted
Patna High Court CR. MISC. No.89073 of 2025(2) dt.12-01-2026
2/2
that all the seizure witnesses are government officials, and there
is no chance of tampering with the witnesses or evidence if the
petitioner is released on bail at this stage, as against him, the
investigation has already been completed. It is lastly submitted
that the petitioner bears no criminal antecedent and has been
languishing in jail since 03.10.2025.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the above submissions, the averments
made in this application, fair and clean antecedent of the
petitioner, completion of investigation against him and also
taking into account the fact that the witnesses of search and
seizure are official persons, this Court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above
be released on bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court in connection
with Manikpur P.S. Case No. 117 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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