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Patna High Court

Sonu Singh @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Sonu Singh, was arrested in connection with a police case (No. 133 of 2024) for allegedly firing on an informant and police personnel, offences alleged under Sections 353 and 307 of the Indian Penal Code and Sections 25(1‑B)(a), 26 and 27 of the Arms Act. The petitioner contended that he was falsely implicated, relying on the co‑accused Anil Kumar’s statement, and argued that no weapon or incriminating material was recovered from his possession or residence. The State opposed bail, citing the seriousness of the charges and the petitioner’s prior criminal history. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and the principle of bail in non‑bailable offences. The Court granted bail on a bond of Rs.10,000 with two sureties, imposing several conditions including regular court appearances, cooperation in trial, and restrictions on tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences under IPC Sections 353 and 307 and the Arms Act.
  • Whether the absence of material recovered from the petitioner justifies bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • attempted murder
  • police firing
  • co‑accused testimony
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92038 of 2025
                   Arising Out of PS. Case No.-133 Year-2024 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Sonu Singh @ Sonu Kumar S/O Yogendra Singh R/O Village- Aamarja, P.S-
                 Charpokhari, Dist.- Bhojpur.
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prabhat Kumar Singh, Adv.
                                                 Ms. Priya, Adv.
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                 2. The petitioner seeks bail in connection with

                   Charpokhari P.S. Case No. 133 of 2024 dated 07.06.2024

                   registered for the offence punishable under Sections 353

                   and 307 of the Indian Penal Code and Sections 25(1-B)(a),

                   26 and 27 of the Arms Act.

                                 3. The petitioner is alleged to have fired upon the

                   informant and other police personnel along with other co-

                   accused persons.

                                 4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that co-accused Anil Kumar was

                   apprehended on the spot, who disclosed the active role of
Patna High Court CR. MISC. No.92038 of 2025(2) dt.15-01-2026
                                            2/3




          the petitioner in the said crime. It is also apparent from the

          F.I.R. that country made pistol was recovered from the said

          Anil Kumar. It is further submitted that only on the basis of

          disclosure made by co-accused Anil Kumar, the petitioner

          has been made accused in this case. Nothing has been

          recovered either from conscious possession of the petitioner

          or from his house. Lastly, it has been submitted that the

          petitioner is in custody since 05.05.2025, having six

          criminal cases against him and charge-sheet has been

          submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties

          of the like amount each to the satisfaction of the learned

          Judicial Magistrate, Bhojpur at Ara in connection with

          Charpokhari P.S. Case No. 133 of 2024, subject to the

          following conditions:-

                                  1. Petitioner shall co-operate in the trial and
            Patna High Court CR. MISC. No.92038 of 2025(2) dt.15-01-2026
                                                        3/3




                                      shall be properly represented on each and every
                                      date fixed by the Court and on his absence on two
                                      consecutive dates without sufficient reason, his bail
                                      bond shall be cancelled by the Court below.

                                              2. One of the bailors will be his own blood
                                      relation, preferably father, mother, brother, sister
                                      and or his wife.

                                              3. The bailor shall also state on affidavit that
                                      he will inform the court concerned if the petitioner
                                      is made accused in any other case of similar nature
                                      after his release in the present case and thereafter
                                      the court below will be at liberty to initiate the
                                      proceeding for cancellation of bail on ground of
                                      misuse.

                                              4. 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.

                                              5. The petitioner within two weeks of his
                                      release from custody shall appear before the
                                      S.H.O. of his local area alongwith a copy of this
                                      order and shall appear every fortnightly to mark
                                      his attendance till conclusion of the trial.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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