Patna High Court
Sonu Kumar Singh @ Sonu Kumar @ Sonu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioner be released on bail subject to specified conditions.
Summary
Sonu Kumar Singh applied for bail in a case registered under Section 317(5) of the B.N.S., 2023 and Sections 25(1‑B)a and 26 of the Arms Act, alleging that a loaded pistol, cartridge and ornaments were seized from him. The prosecution contended that the seized items linked him to the offences, while the petitioner claimed innocence, asserted that no items were recovered from him, and argued that the police failed to comply with Section 105 of the B.N.S. during the seizure. The petitioner also highlighted his nine prior criminal cases and his custody since 17‑12‑2025. The State opposed bail. After hearing both sides, the Court granted bail with conditions including cooperation in trial, physical presence on all court dates, weekly attendance at the police station, a bail bond of Rs.10,000 and two sureties of equal amount.
Issues considered
- Whether bail should be granted in a case involving alleged possession of a loaded firearm and narcotic‑related offences under the B.N.S., 2023 and the Arms Act.
- Whether the police complied with Section 105 of the B.N.S. in effecting the seizure, affecting the validity of the charge.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
- B.N.S., 2023 — s. 105, 317(5)
Subjects
- bail
- Arms Act
- B.N.S. 2023
- seizure procedure
- police compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28336 of 2026
Arising Out of PS. Case No.-556 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Sonu Kumar Singh @ Sonu Kumar @ Sonu Singh Son of Late Mainu Singh
R/o Village - Pirauta (Khas), P.S.- Baniyapur, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh, Adv.
Mr. Jivitesh Sisodia, Adv.
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Baniyapur P.S. Case No. 556 of 2025 registered for the
offence punishable under Section 317(5) of the B.N.S., 2023
and Sections 25(1-B)a, 26 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of the petitioner, one country-made loaded pistol
and a live cartridge and certain silver ornaments were
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.28336 of 2026(2) dt.05-05-2026
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committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list
are police personnel and the police has not complied with
Section 105 of the BNSS while making the seizure. He further
submits that the police has implicated the petitioner in this case
on the basis of his antecedents. The petitioner is having
criminal antecedent of nine cases. Petitioner is languishing in
judicial custody since 17.12.2025.
5. The application for bail is opposed by learned APP
for the State
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 with the condition
that the petitioner shall cooperate in the trial, shall remain
physically present on each and every date fixed by the
learned court below, one of the bailor should be his near
relative and shall also mark his weekly attendance at
Baniyapur P.S. 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 Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.28336 of 2026(2) dt.05-05-2026
3/3
Saran at Chapra in connection with Baniyapur P.S. Case No.
556 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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