Sonu Khan @ Naushad Khan @Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48131 of 2026 Arising Out of PS. Case No.-644 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Sonu Khan @ Naushad Khan @ Sonu, Son of Liyakat Khan @ Md. Liyakat, R/O Mohalla- Jhinjharibagh Sarifaganj, P.S.- Malsalami, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Malsalami P.S. Case No. 644 of 2025, registered for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, police received information about co-accused keeping a katta and sitting in dhaba. A raid was conducted and the co-accused Chhotu Kumar & Ravi Roushan was arrested and from his possession, a country made katta loaded with one live cartridge was recovered. The co-accused disclosed the name of the petitioner, who gave that katta to him for safe keeping.
4. Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and has been falsely implicated in this case due to his criminal antecedent as the petitioner is having antecedents of fourteen cases. Nothing incriminating has been recovered from the person/possession of the petitioner as is apparent from the FIR. The co-accused, who disclosed the name of the petitioner, has been granted bail by the learned Sessions Court. The petitioner is in custody since 29.04.2026. The charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. The learned APP submits that petitioner is having criminal antecedents of fourteen cases of different nature including Arms Act.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner and submission of charge-sheet against him, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City, Patna/court concerned, in connection with Malsalami P.S. Case No. 644 of 2025,
3/4 subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
That apart, in view of the antecedents of the petitioner, he would be required to appear before the concerned police station within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the concerned police station and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the
4/4 concerned police station, a certificate will be filed by the petitioner before the court concerned which should be granted by the concerned police station upon his appearance. (Arun Kumar Jha, J) V.K.Pandey/- U T