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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.11646 of 2026(2) dt.16-04-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.11646 of 2026(2) dt.16-04-2026
                                                       3/3




                     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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