Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding the evidence insufficient to justify continued custody.
Summary
Sudhir Kumar was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a police raid on an orchard where a disturbance had occurred. The police identified him as one of four persons who fled, based solely on the testimony of a local chowkidar, and no weapon or incriminating material was recovered from his person. The petitioner claimed he was falsely implicated, had no prior apprehension at the scene, and had already been granted bail in two other cases. The State opposed bail, but the court noted the lack of direct evidence, the petitioner’s custody since 28‑01‑2026, and the filing of the charge sheet. Consequently, the court ordered his release on bail with a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused under the Arms Act given the circumstances of the case
- Whether the evidence linking the petitioner to the alleged offence is sufficient to justify continued detention
Legislation cited
Subjects
- bail
- Arms Act
- false implication
- police raid
- sureties
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32398 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Sudhir Kumar S/o Ramprit Rai Resident of Village - Goriya, (Godiya), P.S. -
Lakhaura, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Lakhaura P.S. Case No. 316 of 2025, registered
for the offences under Sections 25(1-b)a, 26, 35 of the Arms
Act.
3. As per prosecution case, police received
information that 3-4 persons had been making ruckus in an
orchard after taking liquor. A raid was conducted and four
persons fled away from the spot and petitioner was named as
one of the escaped persons by the local chowkidar. From search
of orchard, recovery of two country made katta and some empty
liquor bottles were made.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32398 of 2026(2) dt.12-05-2026
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petitioner is innocent and he has been falsely implicated in this
case. Petitioner was not apprehended from the spot and nothing
incriminating has been recovered from his person or possession.
Due to grudge, the chowkidar has named the petitioner though
he has not named the other co-accused persons who fled away
from the spot. Petitioner is having antecedent of two cases and
he is on bail in both the cases. Petitioner is in custody since
28.01.2026. Charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that petitioner was not apprehended from the spot and no
recovery has been shown from his possession and also
considering the period of custody of the petitioner and
submission of charge sheet, the petitioner is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran, Motihari/concerned court, in
connection with Lakhaura P.S. Case No. 316 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
Patna High Court CR. MISC. No.32398 of 2026(2) dt.12-05-2026
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other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
anuradha/-
U T
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