Patna High Court
Suman Kumar @ Suman ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is to be granted to the petitioner on the condition of a Rs 10,000 bond and two sureties.
Summary
The petitioner, Suman Kumar, was arrested in connection with a case under Section 317(2) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a/26 of the Arms Act after a pistol and two cartridges were allegedly recovered from him. He has been in custody since 16‑02‑2025 and has nine prior criminal cases, all of which he is presently out on bail. The petitioner pleaded innocence and sought bail, while the State opposed the application. The court considered the length of his custody and noted that most of his antecedent cases were under the Excise Act, deeming them not indicative of a flight risk. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties of the same amount, emphasizing that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner despite his prior criminal antecedents and the seriousness of the offences under the Bharatiya Nyaya Sanhita and Arms Act.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Bharatiya Nyaya Sanhita — s. 317(2)
Subjects
- bail
- criminal procedure
- arms possession
- prior convictions
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33781 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- BARAHAT District- Banka
======================================================
Suman Kumar @ Suman Choudhary S/O Late Ram Badan Chaudhary R/O
Village- Mirzapur, P.S.- Barahat, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Barahat P.S. Case No. 54 of 2025 instituted for the offences
under Section 317(2) of the Bharatiya Nyaya Sanhita and
Sections 25(1-b)a/26 Arms Act.
3. The allegation is that one country made pistol and
two cartridges were recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 16.02.2025 and
has got 09 criminal antecedents but in all nine cases he is on
bail.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.33781 of 2026(4) dt.24-06-2026
2/2
opposed the prayer for grant of bail to the petitioner.
6. Considering the period of custody undergone by the
petitioner and he carries antecedents of nine cases but most of
them are under Excise Act, this Court is inclined to grant bail to
the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned C.J.M.,
Banka/concerned Court in connection with Barahat P.S. Case
No. 54 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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