Patna High Court
Sunil Kumar @ Sunil Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the marriage and the petitioner’s cooperation with the investigation.
Summary
The petitioner, Sunil Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, alleging that he was falsely implicated for allegedly firing a pistol at an informant without causing injury. He pleaded that his marriage was scheduled for the next day and submitted a marriage card as a supplementary affidavit. The State opposed the bail, arguing the seriousness of the offences and risk of absconding. The Court, considering the petitioner's assurances and the unique circumstance of the impending marriage, granted provisional anticipatory bail subject to a bail bond of Rs.25,000 with two sureties, and conditioned the bail on verification of the marriage and the petitioner's cooperation with the investigation. The order also empowered the trial court to cancel the bail if the marriage is not confirmed or if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the petitioner's impending marriage justifies the grant of provisional anticipatory bail.
- Whether conditions such as verification of marriage and cooperation with investigation are appropriate for anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109, 115, 126(2), 351(2), 352
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- marriage
- provisional bail
- Criminal Procedure Code
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6853 of 2026
Arising Out of PS. Case No.-274 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Sunil Kumar @ Sunil Kumar Sahni, Son of Arjun Sahni, Resident of Village-
Salempur Salkhani, P.S.- Patepur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur
For the Opposite Party/s : Mrs. Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 15-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115, 109, 351(2), 352 of the BNS and Section 27 of the Arms
Act.
3. Learned counsel for the petitioner mentioned the
case at 10.30 am on the ground that the case be taken up out of
turn since petitioner is getting married tomorrow i.e. 16.04.2026
with Kumari Gunja, daughter of Vijay Sahni, residents of Ward
No. 4, Shobhepur Dumri, Bujurg Saran.
4. In view of the mentioning made by the learned
counsel appearing on behalf of the petitioner, the case was taken
up out of turn at 2.15 pm when a supplementary affidavit was
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filed bringing the marriage card on record. It is next submitted
that petitioner has antecedent of two cases under the Excise Act
and in sum and substance, the informant alleges that on
16.08.2025 at about 7.30 pm, he was returning home from a tea
shop when petitioner intercepted him and started abusing and
when the informant objected, it is alleged that petitioner fired
from his pistol and the information was given to the police and
the police came and from the place of occurrence empty
cartridge was recovered.
5. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation that alleged in the FIR, it would manifest no motive
for the occurrence is alleged rather the informant alleges that
while he was returning home from a tea shop the petitioner
intercepted and fired but then no one was injured in the firing.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that no doubt no
one was injured in the firing but then the case has been
instituted under the Arms Act and if privilege of anticipatory
bail is granted, the petitioner may abscond, on which the learned
counsel for the petitioner submits that petitioner will not
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abscond rather will cooperate in the investigation to prove his
innocence.
7. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.25,000/-
(Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/Successor Court in connection with Patepur
P.S. Case No. 274 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
8. The learned trial court after enlarging the petitioner
on provisional anticipatory bail shall seek a report from the
concerned P.S. under which Ward No. 04, Shobhepur Dumri,
Bujurg Saran falls that as to whether the petitioner got married
to Kumari Gunja, daughter of Vijay Sahani or not.
9. It is made clear that if the report confirms the
marriage of Kumari Gunja with petitioner, in that event the
provisional anticipatory bail bond shall be confirmed, but if the
report does not confirm the marriage of petitioner with Kumari
Gunja in that event the provisional anticipatory bail bond shall
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be immediately cancelled.
10. It is further made clear that if the marriage of the
petitioner with Kumari Gunja is confirmed and the provisional
anticipatory bail bond of the petitioner is confirmed and,
thereafter, if the investigating officer files an application before
the learned trial court bringing to its notice that petitioner
despite giving assurance to this Court is not cooperating in the
investigation in that event the learned trial court shall be at
liberty to cancel the anticipatory bail bond of the petitioner.
(Satyavrat Verma, J)
khushbu/-
U T
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