Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, finding no new ground to review the earlier order rejecting bail.
Summary
The petitioner, Sunny Kumar, sought regular bail for offences under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act and Sections 27, 25(1‑b)(a) and 26 of the Arms Act. The earlier bail application had been rejected, with the court noting a confessional statement implicating the petitioner and co‑accused in a shooting and arms supply. The petitioner filed a second bail application, but the court found that no new material or ground was presented to revisit the earlier decision. Consequently, the court dismissed the bail application, emphasizing that the order was limited to this bail matter and did not prejudice the trial. No opinion on the merits of the case was expressed.
Issues considered
- Whether the petitioner is entitled to regular bail in view of the confessional statement and the seriousness of the offences under the BNS Act and Arms Act
- Whether any new ground exists to review the earlier bail denial
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27
- Bihar Narcotic Substances Act — s. 103(1), 61(2)
Subjects
- regular bail
- confessional statement
- Bihar Narcotic Substances Act
- Arms Act
- high court
- no new ground
- bail dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20042 of 2026
Arising Out of PS. Case No.-895 Year-2024 Thana- ALAMGANJ District- Patna
======================================================
Sunny Kumar son of Bishu Paswan @ Vishu Paswan R/O- Laddu Akhara,
Near Gas Godown PS -Alamganj Dist -Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kumar Arya
For the Opposite Party/s : Mr.Mohammed Arif
For the Informant : Mr. Pavan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Alamganj P.S. Case No.
895 of 2024 / S.Tr. No. 1309 of 2025 registered for the offence
under Sections 103(1), 61(2) of the BNS and under Section 27
of the Arms Act. Later on Section 25(1-b)a, 26 of the Arms Act
was also added. Earlier the bail application of the petitioner was
rejected vide order dated 18.08.2025 passed in Cr. Misc. No.
49656 of 2025. Paragraph no. 5 of the order dated 18.08.2025
reads as under:-
“Learned APP for the State as well as
the learned counsel for the informant have vehemently
opposed the bail petition of the petitioner. In
paragraph 25 of the case diary, the confessional
statement of the petitioner is mentioned in which he
Patna High Court CR. MISC. No.20042 of 2026(2) dt.01-04-2026
2/2
disclosed that the co-accused, Sunny Kumar fired upon
the victim, the arms was supplied to him by the co-
accused Shiv Kumar and Rohit Pandey. Further the co-
accused Sanjeet Kumar @ Sanjeet Yadav gave Rs.
5000/- to the co-accused, Sunny Kumar as an advance
to kill Rajeev Ratan Gupta. Earlier the regular bail
application of the other co-accused persons were
rejected by the Co-ordinate Bench of this Court vide
order dated 13.05.2025 passed in Cr. Misc. No. 10643
of 2025.”
3. From perusal of the aforesaid paragraph, it
appears that the materials have been considered on the last
occasion.
4. Considering the aforesaid facts, this Court does
not find any new ground to review the earlier order passed by
this Court rejecting the bail application of the peetitioner.
5. Accordingly, this application is dismissed.
6. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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