Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail could not be granted to the petitioner.
Summary
Sonu Kumar, a resident of Begusarai, was arrested in connection with a FIR alleging that he was part of a group of armed criminals who opened fire on police and fled from Amit Kumar Gupta's house, where a large cache of illegal arms and 94 litres of codeine cough syrup were recovered. The petitioner, claiming a clean antecedent, applied for regular bail, arguing that he was not arrested at the spot and that the only evidence against him was a confessional statement made by another accused in police custody, which he contended lacks evidentiary value. The State opposed bail, emphasizing the seriousness of the offences under the Bihar Narcotic Substances Act, the Arms Act, and the Bihar Prohibition and Excise Act, and the substantial quantity of contraband seized. The court considered the gravity of the charges, the nature of the seized items, and the lack of direct possession by the petitioner, and concluded that bail could not be granted. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to the petitioner in light of the serious offences alleged under the Bihar Narcotic Substances Act, Arms Act, and Prohibition and Excise Act.
- Whether a confessional statement of an accused in police custody can form a basis for denying bail.
- Whether the absence of recovered items in the petitioner's possession affects the bail decision.
Legislation cited
- Arms Act — s. 25(1-A)a, 25(1-AA), 25(1-B)a, 26(i)(ii), 27, 35
- Bihar Narcotic Substances Act, 2023 — s. 109, 121(1), 121(2), 132, 310(4), 310(5)
Subjects
- bail
- arms seizure
- codeine cough syrup
- serious offences
- confessional statement
- evidentiary value
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11646 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Sonu Kumar Son of Fulo Singh @ Phulo Ray R/o Vill.- Banhara, P.S.-
Teghra, Dist.- Begusarai, used to reside at - Pipra, P.S.- Ratanpur, Dist.-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 310(4), 310(5), 121(1),
121(2), 132 and 109 of the BNS, 2023, Sections 25(1-A)a, 25(1-
AA), 25(1-B)a, 26(i)(ii), 27 and 35 of the Arms Act as well as
Section 30(a) and 30(F) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 16.01.2026 and the informant alleges that on 22.11.2025,
at about 01:05 p.m., he received an information based on which
the informant reached the house of Amit Kumar Gupta where 6-
7 armed criminals had gathered and were planning to carry out
some criminal activity. Further, when the police reached the
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place of occurrence, criminals opened fire at the police and
started fleeing, as such, the police even had to open firing in
which Shivdutt Rai was shot and was arrested and, on inquiry,
he disclosed the name of the petitioner and others.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the confessional
statement of apprehended accused in police custody which does
not have any evidentiary value in the eye of law. It is reiterated
and submitted that petitioner is a person with clean antecedent.
5. Learned A.P.P. for the State vehemently opposes
the prayer for regular bail of the petitioner and submits that
allegation is of recovery of 94 litres of Codeine Cough Syrup
along with huge quantity of illegal arms like carbine, revolvers,
country made pistol and several articles used in manufacture of
arms, cash etc. as detailed in the FIR from the house of Amit
Kumar Gupta from where the petitioner is alleged to have fled
away. It is further submitted that the pleadings made in the
regular bail application do not specifically plead as to what the
petitioner does for earning his livelihood. It is reiterated and
submitted that huge cache of arms was recovered from the place
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of occurrence along with Codeine Cough Syrup which off late is
being used by children for the purposes of intoxication.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to release the
petitioner on bail in connection with Sahebpur Kamal P.S. Case
No. 328 of 2025 pending in the Court of learned Exclusive
Special Excise Judge-II, Begusarai/Successor Court.
7. Hence, the prayer for bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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