Patna High Court
Bidul Kumar @ Soni @ SonuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner upon furnishing a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Bidul Kumar, was arrested in connection with a police case (P.S. Case No. 28 of 2025) alleging that miscreants gathered in a white Bolero, fired at police and injured a constable. He was charged under several sections of the B.N.S and the Arms Act, including offences relating to murder, conspiracy and illegal possession of arms. The petitioner contended that he was falsely implicated, his name does not appear in the FIR, no weapon or contraband was recovered from him, and the only reference to him is a self‑confessional statement made during investigation; he also has no prior criminal record and has been in judicial custody since 14‑02‑2025. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the Court held that the petitioner is entitled to bail, directing him to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Additional Chief Judicial Magistrate‑IV, Patna.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the offences under the B.N.S and the Arms Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- serious offences
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12404 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Bidul Kumar @ Soni @ Sonu, S/O Saheb Prasad @ Saheb Mandal, R/O
Village- Rupaspur, P.S- Chiksaura, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kishor, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Phulwari Sharif P.S. Case No. 28 of 2025 registered for the
offence punishable under Sections 310(4), 310 (5), 121(1), 109,
132, 352 and 3(5) of B.N.S. and Sections 25(1-B)a, 26, 27 and
35 of the Arms Act.
3. The case of the prosecution, in short, is that police
had information that the miscreants have gathered on a white
colour Bolero and they may commit some offence. On this
input, the said vehicle was surrounded by the police persons. It
is further alleged that the miscreants fired at the police. One
Vivek Prasad received gunshot injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.12404 of 2026(3) dt.08-04-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. His name is not there in the F.I.R. His name has surfaced
during investigation in the self confessional statement of this
petitioner. Nothing has been recovered from his possession. It
has further been submitted that save and except the confessional
statement of this petitioner, there is nothing against him. He is
having no criminal antecedent and he is languishing in judicial
custody since 14.02.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-IV, Patna in connection
with Phulwari Sharif P.S. Case No. 28 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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