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Patna High Court

Sunil Kumar @ Sunil Kumar SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.6853 of 2026(4) dt.15-04-2026
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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
Patna High Court CR. MISC. No.6853 of 2026(4) dt.15-04-2026
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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
            Patna High Court CR. MISC. No.6853 of 2026(4) dt.15-04-2026
                                                        4/4




                      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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