Patna High Court
Sudhanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specific conditions.
Summary
The Patna High Court considered an application for bail filed by the petitioner, who had been in custody since 9 January 2026 in connection with a case under the Arms Act for alleged involvement in the murder of Sudhanshu Kumar. The prosecution alleged that the petitioner, along with other accused, used firearms to commit the murder and had filed a charge‑sheet. The petitioner argued that he was falsely implicated, no weapons were recovered from his residence, and that the seizure‑list witnesses being police violated Section 103 of the BNSS. The court examined the lack of material evidence, the claim of fabrication, and the statutory provisions governing bail. It held that the petitioner was entitled to bail, subject to a bond of Rs 10,000 with two sureties and conditions regarding cooperation, physical presence, non‑tampering with evidence, and verification of criminal antecedents. Accordingly, bail was granted with the stipulated conditions.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to an accused under Sections 25(1‑B)(a), 26, 27 and 35 of the Arms Act, 1959?
- Whether the alleged non‑compliance with Section 103 of the BNSS and the alleged fabrication of charges warrant denial of bail?
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26, 27, 35
- Bihar National Security Act — s. 103
Subjects
- bail
- Arms Act
- false implication
- evidence tampering
- Section 103 BNSS
- murder
- firearms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39340 of 2026
Arising Out of PS. Case No.-580 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Sudhanshu Kumar S/o Dipanarayan Yadav @ Deep Narayan Yadav R/o
Village - Bhain Tekathi, Ward No. 06, P.S - Sadar Madhepura, District -
Madhepura, State - Bihar, Pin - 852121
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Kuldeep Kumar, learned counsel for the
petitioner as well as Mr. Ajay Kumar Jha, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.01.2026 in connection with Triveniganj P.S. Case No. 580 of
2025, F.I.R. dated 07.12.2025 for the offences punishable under
Sections 25(1-B)(a), 26, 27, 35 of the Arms Act, 1959.
3. According to prosecution case, the petitioner along
with other accused persons were involved in committing the
murder of one Sudhanshu Kumar.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.39340 of 2026(2) dt.23-06-2026
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false and fabricated. He next submits that for the same set of
allegation Triveniganj P.S. Case No. 567 of 2025 was instituted
and nothing has been recovered from the house of the petitioner
and on the basis of disclosure made by the petitioner, one loaded
pistol along with 4 live bullets and one country made pistol with
one live bullet was recovered from the place of occurrence. He
next submits that seizure list witnesses are police personnel, so
there is non-compliance of Section 103 of BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
09.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Supaul in connection with Triveniganj P.S.
Case No. 580 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.39340 of 2026(2) dt.23-06-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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