Patna High Court
Sonu NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Sonu Nut, was arrested after a police chase and alleged possession of a katta, a live cartridge and a mobile phone, leading to charges under Sections 25(1-b)a and 26 of the Arms Act. He applied for bail, having been in custody since 9 July 2025, and argued that the earlier bail denial was revisited after charge framing on 22 April 2026, that no incriminating articles were actually recovered from him, and that there was no independent witness to the seizure. The State opposed bail, citing the petitioner’s criminal antecedents and confessional statements in other cases. The Court considered the length of pre‑trial detention, the lack of concrete seizure evidence, and the petitioner’s right to bail after charge framing. It ordered the release of the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to conditions of personal appearance and a relative as a bailor.
Issues considered
- What is the appropriate bail disposition for an accused charged under Sections 25(1-b)a and 26 of the Arms Act after charge framing?
- Does the absence of an independent witness to the seizure list and lack of recovered incriminating articles justify granting bail?
- Do the petitioner’s prior criminal antecedents and confessional statements in other cases preclude bail?
Legislation cited
- Arms Act — s. 25(1-b)a, 26
Subjects
- bail
- Arms Act
- seizure
- criminal antecedents
- pre‑trial detention
- charge framing
- election dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34394 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- KOPA District- Saran
======================================================
Sonu Nut Son of Sunil Nat @ Sunil Nut Resident of Village- Ghoghwaliya,
P.S.- Kopa, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shambhawi, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 25(1-b)a, and 26 of the
Arms Act.
3. As per the prosecution case, while the informant
was on patrolling duty, one person started running away on
seeing the police, giving rise to suspicion out of which he was
chased and apprehended and disclosed his name as Sonu Nat
(petitioner) and from whose possession one katta, one live
cartridge and a mobile phone was recovered.
4. Learned counsel for the petitioner submits that
by filing the present application, the petitioner has renewed the
prayer for bail which was earlier rejected by this Court vide
Patna High Court CR. MISC. No.34394 of 2026(2) dt.15-05-2026
2/3
order dated 10.02.2026 passed in Cr. Misc. No.72736 of 2025
(Annexure-P/1) with liberty to renew the prayer after framing
of charge. It has been submitted that charges have been framed
on 22.04.2026 under Section 25(1-B)a, 26 of the Arms Act
(Annexure-P/3). It has been further submitted that the
petitioner has been implicated in the case on account of
election dispute and as a matter of fact, no incriminating
articles have been recovered from his possession. Further, there
is no independent witness to the seizure list indicating violation
of mandatory provisions of search and seizure. The petitioner
is in custody since 09.07.2025.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has criminal antecedents.
However, in response it has been submitted that after being
apprehended in the present case, the petitioner was remanded
in other cases. He was made accused in all other cases on the
basis of his own confessional statement.
6. Taking into consideration the facts and
circumstances and considering the fact that charges have been
framed in the present case and the petitioner is in custody since
09.07.2025 i.e. for about a year, let the above named petitioner,
be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.34394 of 2026(2) dt.15-05-2026
3/3
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Saran, Chapra/concerned Court below in
connection with Kopa P.S. Case No. 175 of 2025 subject to
condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
U T
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