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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Sonu Kumar was arrested in connection with an offence under Sections 25(1-A), 25(1-AA), 25(1-B)a, 26 and 35 of the Arms Act after illegal arms and manufacturing articles were recovered from a house he shared with Shivchandra Kumar. The prosecution alleged that the petitioner was involved in the manufacturing and sale of illegal arms, while the petitioner contended that he is an artisan, that nothing was recovered from his personal possession, and that he has been falsely implicated. He also pointed out that the co‑accused Shivchandra Kumar had already been granted bail in a similar case. The petitioner had been in judicial custody since 3 November 2025 and had no prior criminal record. After hearing both sides, the Court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the allegations of illegal arms manufacturing under the Arms Act.

Legislation cited

  • Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)a, 26, 35

Subjects

  • bail
  • Arms Act
  • illegal arms manufacturing
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31790 of 2026
                   Arising Out of PS. Case No.-177 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Sonu Kumar S/o Late Shivlal Sharma Resident of Village- Saifpur, Ward No.
                 4, P.S.- Ganga Bridge, District- Vaishali
                                                                            ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 25(1-A),

                   25(1-AA), 25(1-B)a, 26 &35 of the Arms Act.

                                3. The case of the prosecution, in short, is that from the

                   house of this petitioner and one Shivchandra Kumar, illegal arms

                   and large number of incriminating articles used in manufacturing

                   of arms were recovered. They have also disclosed that they are

                   indulged into manufacturing and sale of the illegal arms.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has submitted that the petitioner is

                   artisan by caste and that the manufacturing articles which were
           Patna High Court CR. MISC. No.31790 of 2026(2) dt.13-05-2026
                                                       2/2




                     recovered are of daily use. It has further been submitted that

                     nothing has been recovered from his possession. The house from

                     which the recovery was made is joint one. It has further been

                     submitted that similarly situated co-accused Shivchandra Kumar

                     has already been granted bail by co-ordinate Bench of this Court

                     vide Cr. Misc. 13404 of 2026. The case of this petitioner stands on

                     similar footing. Petitioner is having no criminal antecedent.

                     Petitioner is languishing in judicial custody since 03.11.2025.

                                  5. Learned APP appearing for the State has vehemently

                     opposed the application for bail.

                                  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 court of C.J.M.,

                     Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No.

                     177 of 2025.



                                           (Ashok Kumar Pandey, J)
Lata/-
Nitu/-
U      T


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