Sonu Sahni @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21911 of 2026 Arising Out of PS. Case No.-359 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Sonu Sahni @ Sonu Kumar S/o- Deep Narayan Sahni @ Deepu Sahni R/vBhagirathpur Ps- Kalyanpur Dist- Samastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy For the Opposite Party/s :
Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2026 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mr. Meena Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 31.10.2025 in connection with Kalyanpur P.S. Case No. 359 of 2025 for the offences punishable under Sections 103(1) and 3(5) of BNS and Sections 27, 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in brief, is that from the perusal of the F.I.R., The prosecution case, in brief, is that on 27.10.2025 at about 7:30 PM, the husband of the informant Mantun Choudhary was sitting in front of his house at the shop of Gauri Choudhary situated on the embankment. At that time, the accused persons namely Ramjanam Sahni, Pintu Rai, Pawan Sahni, Sonu Sahni, Krishna Sahni, along with one unknown
2/4 person, arrived there on two motorcycles and a scooty and started abusing the deceased. When the deceased protested, the accused persons followed him up to the shop of Baleshwar Choudhary. In the meantime, accused Ramjanam Sahni took out a pistol from his waist and started indiscriminate firing at the deceased, as a result of which the deceased sustained four gunshot injuries and fell down on the spot. The accused persons were armed with weapons and while making indiscriminate aerial firing, they attempted to flee from the place of occurrence. With the help of villagers, one accused namely Ramjanam Sahni was apprehended on the spot, while the other accused persons managed to escape. The injured was immediately taken to Sadar Hospital, Samastipur, where the doctor declared him dead after examination.
It is further alleged that about one hour prior to the occurrence, the deceased had gone to village Bhagirathpur where accused Ramjanam Sahni had threatened him with dire consequences and threatened to kill him. From the place of occurrence, empty cartridges, a pistol and one motorcycle (Hero Splendor Plus bearing registration no. BR33AV-8053) were recovered by the police.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent. It is next submitted that
3/4 although the petitioner is named in the FIR but from perusal of the FIR it appears that there is specific allegation of firing is attributed against co-accused person, namely, Ramjanam Sahni and petitioner is merely a member of the mob and there is no allegation of assault or overt act against the petitioner and coaccused person, namely, Pawan Sahni has been granted bail by a co-ordinate Bench of this Court vide order dated 17.03.2026 passed in Cr. Misc. No. 16798 of 2026. It is next submitted that the police after investigation has submitted charge-sheet and petitioner is in custody since 31.10.2025.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner was present at the place of occurrence but also fairly submits that there is no specific allegation of firing attributed against the petitioner
6. Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 359 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
4/4 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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) Gaurav Sinha/- U T