Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions of cooperation and availability for trial.
Summary
The petitioner, Sunny Kumar, was arrested in February 2025 for alleged possession of a country-made pistol, live cartridges, cash and an Aadhaar card, and charged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He applied for regular bail, claiming innocence and that no incriminating article was found in his conscious possession, and that he had been in custody for nearly a year. The State opposed the bail on the seriousness of the offences. The Court examined the nature of the offences, the length of pre‑trial detention, and the petitioner’s willingness to cooperate, and decided to grant bail on condition of a bond of Rs.10,000 with two sureties and compliance with further conditions. The bail order was directed to be executed by the lower court. The decision reflects the balance between the presumption of innocence and the need to ensure trial attendance in serious arms cases.
Issues considered
- Whether the petitioner is entitled to regular bail in offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act.
- Whether the length of pre‑trial detention and the nature of the alleged offence justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- regular bail
- Arms Act
- pre‑trial detention
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69359 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Sunny Kumar S/O Tuntun Mahto R/O village- Narayanpur Bedauliya, P.S.-
Goraul, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bela Singh
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant
of regular bail in connection with Goraul P.S. Case No. 80/2025
dated 19.02.2025 registered for the offences punishable under
Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. Allegedly, one country-made pistol and two live
cartridges, along with Rs. 500/- and an Aadhaar card, were
recovered from the possession of the petitioner.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. No incriminating article was recovered from the
conscious possession of the petitioner. He has further submitted
that the petitioner has been in custody since 20.02.2025, i.e., for
Patna High Court CR. MISC. No.69359 of 2025(2) dt.17-02-2026
2/2
nearly a year.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with two
sureties of the like amount each to the satisfaction of learned
ACJM-Ist, Vaishali at Hajipur in connection with Goraul P.S. Case
No. 80/2025, subject to the following conditions that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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