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Patna High Court

Sanoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond and specified conditions.

Summary

The petitioner, Sanoj Kumar, sought bail in connection with a case involving alleged joy‑firing at a marriage, where the victim Lucky Kumar was injured. The FIR alleged offences under Sections 238 and 3(5) of the Bihar Narcotic Substances Act and Sections 25, 9 and 27 of the Arms Act, but the petitioner claimed the allegations were vague and that co‑accused persons had already confessed and were granted anticipatory bail. The State opposed the bail, arguing the seriousness of the offences. The Court noted the petitioner’s clean antecedent, the grant of anticipatory bail to similarly situated co‑accused, and the lack of specific incriminating allegation against the petitioner. Accordingly, the Court ordered bail under Section 438(2) of the CrPC with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail/anticipatory bail under Section 438(2) of the Code of Criminal Procedure in view of the allegations and the conduct of co‑accused.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Section 438 CrPC
  • Arms Act
  • clean antecedent
  • joy firing
  • FIR
  • co‑accused confession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26116 of 2026
                 Arising Out of PS. Case No.-290 Year-2024 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Sanoj Kumar Son of Visheshwar Sahani Resident of village - Kanshpakari,
                 P.S.- Madhuban, District - East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar
                 For the Opposite Party/s :      Mr. Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Madhuban P.S. Case No. 290 of 2024 for the

                   offences punishable under Sections 238, 3(5) of B.N.S. and

                   Sections 25, 9, 27 of the Arms Act.

                                3. The case of the prosecution in brief is that on

                   15.07.2024 at about 22:00 P.M., the informant, S.I. Anil Kumar

                   Das, submitted his written report before the Officer-in-charge,

                   Madhuban P.S., alleging therein that on 15.07.2024 at 17:30

                   P.M., informant along with other police officials proceeded for

                   patrolling and in the course he was informed to verify Sanha no.

                   435/24 and then reached at the place of occurrence and came to

                   know that on the last night on 14.07.2024, there was marriage
Patna High Court CR. MISC. No.26116 of 2026(3) dt.09-07-2026
                                            2/4




          ceremony of daughter of one Suresh Sahni. Thereafter, all F.I.R.

          named accused persons including present petitioner gathered

          with arms to make joy firing and after some distance in

          intoxication they began to joy firing and in due course of tug of

          war, one Lucky Kumar sustained gun shot injury and became

          injured. It is also alleged that injured Lucky Kumar has been

          brought to Patna for treatment and on enquiry of relatives of

          Lucky Kumar, they did not give any satisfactory reply regarding

          gun firing and blood stained was found over the earth and same

          has been cleaned to cause disappearance of the evidence.

                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and the allegation as alleged in

          the FIR is forged and fabricated and the petitioner has not

          committed any offence as alleged in the FIR. It is next

          submitted that from perusal of the FIR, it appears that there is

          no specific allegation of firing attributed against the petitioner

          rather the allegations are general and omnibus in nature. It is

          further submitted that during the course of investigation co-

          accused persons were apprehended, namely Raja Sahani @ Raja

          Babu and Raja Kumar and their statement were recorded in

          paragraphs nos. 21 and 27 of the case diary in which they have

          confessed their guilt in the present case and they have
Patna High Court CR. MISC. No.26116 of 2026(3) dt.09-07-2026
                                            3/4




          categorically stated that they have fired upon the victim. Apart

          from aforesaid co-accused persons, namely, Jitendra Kumar @

          Jitendra Sahani and Arvind Kumar @ Rijhan have been granted

          anticipatory bail vide orders dated 17.12.2025 and 15.05.2025

          passed in Criminal Miscellaneous Nos. 55349 of 2025 and

          13269 of 2025 respectively by different Co-ordinate Benches of

          this Court.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and similarly

          situated co-accused persons have been granted the privilege of

          anticipatory bail by different Co-ordinate Benches of this Court

          and co-accused persons have confessed their guilt in the present

          case, let the petitioner, above named, in the event of arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Judicial Magistrate-Ist Class, East Champaran, Motihari in

          connection with Madhuban P.S. Case No. 290 of 2024, subject
           Patna High Court CR. MISC. No.26116 of 2026(3) dt.09-07-2026
                                                       4/4




                     to the conditions as laid down under Section 438(2) of the Code

                     of Criminal Procedure and with other following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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