Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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