Patna High Court
Sonu Kumar Pandey @ Sonu PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the petitioner.
Summary
The petitioner, Sonu Kumar Pandey, filed an application for bail fearing arrest in connection with a case registered under Sections 126(2), 109(20) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He was alleged to have filed a complaint against the victim, but the injury report indicated that no firearm injury had occurred. The principal issue before the High Court was whether bail could be granted despite the serious nature of the charges. The Court examined the lack of substantive evidence of a firearm injury and applied the principles of bail under Section 438(2) of the CrPC and Section 482 of the BNSS. Finding no compelling reason to deny liberty, the Court allowed the bail application. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 126(2), 109(20), 61(2) of the BNSS and Section 27 of the Arms Act despite the seriousness of the allegations.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(20), 126(2), 482, 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- High Court
- pre‑trial detention
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63846 of 2025
Arising Out of PS. Case No.-149 Year-2024 Thana- ASANWA District- Siwan
======================================================
Sonu Kumar Pandey @ Sonu Pandey Son of Hare Ram Pandey Resident of
Village - Pihuli, P.S. - Asawn, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Asawn P.S. Case No. 149 of 2024 instituted under
Sections 126(2), 109(20 and 61(2) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. The petitioner is accused of filing upon the victim.
4. From the injury report, it appears that there is no
fire arm injury.
5. In view of the above, this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.63846 of 2025(5) dt.21-01-2026
2/2
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-VII, Siwan/ concerned Court in
connection with Asawn P.S. Case No. 149 of 2024, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…