Patna High Court
Sonu Singh @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 25(1-B)(a), 26, 27
- Indian Penal Code — s. 307, 353
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
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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
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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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