Patna High Court
Sunil Kumar @ Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court grants bail to the petitioner subject to a bond of Rs.10,000 with two sureties.
Summary
The Patna High Court considered a bail application filed by Sunil Kumar, who was arrested in connection with a case involving alleged possession of a pistol, a mobile phone, and three motorcycles, and charged under multiple sections of the Bihar Narcotic Substances Act and the Arms Act. The petitioner claimed innocence, stating that the seized items were either not in his possession or were given to him for repair, and argued that the police failed to comply with Section 105 of the Narcotic Act during seizure. The State opposed bail, citing the seriousness of the offences and the petitioner’s two prior criminal cases. After hearing both sides, the Court noted the procedural irregularities and the petitioner’s lack of knowledge about the stolen nature of the bikes, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to be released on bail pending trial.
Issues considered
- Whether bail should be granted in a case involving multiple serious narcotic and arms offences.
- Whether the alleged non‑compliance with Section 105 of the Narcotic Act during seizure warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 105, 111, 310(4), 310(5), 310(6), 317(2), 317(4), 317(5), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- narcotic offences
- arms act
- procedural lapse
- seizure
- police
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6735 of 2026
Arising Out of PS. Case No.-670 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Sunil Kumar @ Sachin Kumar, S/O Wakil Sahani @ Vakil Sahni @ Vakil
Sahani, Resident of village - Madhubani Ghat,P.S- Muffasil, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Muffasil P.S. Case No.670 of 2025 registered for the
offence punishable under Sections 310(4), 310(6), 310(5),
317(2), 317(4), 317(5), 111, 338, 336(3), 340(2) and 3(5) of
B.N.S. and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, one country made pistol and a
mobile were recovered and from his house, three bikes were
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.6735 of 2026(2) dt.10-02-2026
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committed no offence. He has been falsely implicated in this
case. Nothing incriminating has been recovered from his
possession. As far as the bikes are concerned, the petitioner is a
mechanic and the bikes were given to him for some repair. He is
having no knowledge whether the bikes are stolen or not. The
witnesses of the seizure list are police personnel. Police has not
complied Section 105 of B.N.S.S. while making the seizure. He
is languishing in judicial custody since 16.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, East Champaran, Motihari in connection
with Muffasil P.S. Case No. 670 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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