Patna High Court
Sonu Kumar @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000 with two sureties.
Summary
Sonu Kumar was arrested in connection with a case of illegal possession of firearms, where three country-made pistols, a revolver and six live cartridges were recovered from his house. He had earlier applied for bail, which was rejected with a direction to re‑apply after six months. After six months elapsed, only two witnesses had been examined and he had been in judicial custody since 29‑01‑2025. The State opposed bail, citing a prior criminal case, but the court considered the delay, the limited progress of trial, and the petitioner’s right to liberty. The court therefore granted bail on the condition of a Rs 10,000 bond with two sureties to the satisfaction of the Chief Judicial Magistrate. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 25(1‑B)a and 26 of the Arms Act considering the elapsed time, stage of trial, and the accused’s criminal antecedent.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
Subjects
- bail
- Arms Act
- illegal possession of firearms
- judicial custody
- sureties
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23690 of 2026
Arising Out of PS. Case No.-764 Year-2024 Thana- SAHARSA SADAR District- Saharsa
======================================================
Sonu Kumar @ Raja Kumar Son of Satnarayan Yadav Resident of Village-
Hakpada Sukhasan, Ward No. 6, P.O.- Aran, P.S.- Saharsa Sadar, District-
Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Saurav, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Saharsa Sadar P.S. Case No. 764 of 2024 instituted for the
offence under Sections 25(1-B)a, 26 of the Arms Act which was
earlier rejected by this Court vide order dated 11.09.2025 passed
in Cr. Misc. No. 45453 of 2025 with an observation that the
petitioner will be at liberty to renew his prayer for bail after six
months.
3. The case of the prosecution, in short, is that from
the house of the petitioner, three country made pistols, one
revolver and six live cartridges were recovered.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.23690 of 2026(2) dt.24-04-2026
2/2
that six months have elapsed and till now only two witnesses
have been examined during trial. He further submits that the
petitioner is languishing in judicial custody since 29.01.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
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 Chief
Judicial Magistrate, Saharsa in connection with Saharsa Sadar
P.S. Case No. 764 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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