Patna High Court

Sonu Kumar @ Sonu SharmaversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court held that bail could not be granted as no fresh ground was urged and the trial had already begun.

Summary

The petitioner, Sonu Kumar, was charged under Section 394 of the Indian Penal Code and Section 27 of the Arms Act in a case registered on 28 February 2023. He applied for regular bail for the third time, having been in custody since the date of arrest and with the trial already commenced. Earlier bail applications were rejected on 18 April 2024 and 18 December 2024. The petitioner did not raise any fresh ground for reconsideration of bail. The Court observed that, in the absence of new material and given that the trial had started, there was no basis to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether regular bail can be granted to an accused when the trial has already commenced and no fresh ground for reconsideration is presented.
Whether the nature of offences under Section 394 IPC and Section 27 Arms Act precludes bail at this stage of the proceedings.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 394

Subjects

regular bail
trial commencement
Section 394 IPC
Section 27 Arms Act
bail application dismissal
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73460 of 2025
                      Arising Out of PS. Case No.-89 Year-2023 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Sonu Kumar @ Sonu Sharma S/O Pawan Sharma R/O Ashok Nagar, Ward
                 No.- 33, P.S.- Chitragupt Nagar, District- Khagaria, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nitin Kumar, Advocate
                 For the Opposite Party/s :       Mr.Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. This is the third attempt of the petitioner for grant

                   of regular bail in connection with Khagaria P.S. Case No. 89 of

                   2023 registered for the offence under Section 394 of the Indian

                   Penal Code and under Section 27 of the Arms Act.

                                3. Earlier the bail application of the has been rejected

                   twice vide orders dated 18.04.2024 and 18.12.2024 passed in Cr.

                   Misc. No. 11342/2024 and Cr. Misc. No. 81628/2024

                   respectively.

                                4. The petitioner is in custody since 28.02.2023 and

                   the trial has started.

                                5. Considering the fact that the trial has started and no

                   fresh ground has been urged for reconsideration of the prayer

                   for bail, this Court is not inclined to grant bail to the petitioner.
              Patna High Court CR. MISC. No.73460 of 2025(3) dt.11-02-2026
                                                          2/2




                                     6. Accordingly, this application is dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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