Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied regular bail to the petitioner.
Summary
Sonu Kumar was arrested in connection with a case alleging possession of a pistol and threats to an informant, charged under several sections of the Bharatiya Nyaya Sanhita and the Arms Act. He applied for regular bail, claiming innocence and asserting that no incriminating material was found on his person. The State opposed the bail, highlighting ten prior criminal convictions, some of a similar nature. The Court examined the seriousness of the offences, the recovery of the weapon, and the petitioner’s antecedents, and concluded that bail could not be granted. Consequently, the bail application was rejected, but the Court directed the trial court to expedite the trial and conclude it within a year of receiving the order.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of the offences and his criminal antecedents
- Whether the recovery of a pistol from the petitioner’s premises establishes sufficient grounds to deny bail
Legislation cited
- Arms Act — s. 25(1-b)a, 35
- Bharatiya Nyaya Sanhita — s. 126(2), 127(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal antecedents
- arms possession
- Bharatiya Nyaya Sanhita
- Arms Act
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23437 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Sonu Kumar S/o Prasadi Yadav Resident of Village- Dalelpur, P.S.-
Nardiganj, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Md. Ataur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Nardiganj P. S. Case No. 319 of 2025 registered for the offences
punishable under Sections 126(2), 127(2), 352, 351(2), 3(5) of
the Bharatiya Nyaya Sanhita and Section 25(1-b)a, 35 of Arms
Act
3. As per F.I.R., this petitioner along with other
accused persons were carrying pistol and threatening to kill the
informant. On search, one country made pistol was recovered
from the cowshed of this petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. No
incriminating material has been recovered from conscious
Patna High Court CR. MISC. No.23437 of 2026(2) dt.06-05-2026
2/2
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner is in custody since 01.09.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner has got ten
criminal antecedents out of which some are of similar nature.
6. Considering the nature of accusation, criminal
antecedents and recovery, prayer for regular bail of the
petitioner is rejected.
7. However, since petitioner is in custody since
01.09.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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