Patna High Court
Sunil Singh @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Sunil Singh and Pankaj Kumar, applied for bail in connection with a criminal case (Mahua PS Case No.333 of 2025) alleging offences under several sections of the Bihar Non‑Statutory (BNS) Act, 2023 and Section 27 of the Arms Act. The incident involved alleged firing on the night of 10‑11 March 2025, where the informant claimed to have heard gunshots and identified the petitioners by their voices. The petitioners contended that the dispute stemmed from a long‑standing land feud and that the informant was not an eyewitness, rendering voice identification unreliable. The State argued that bullet marks on the informant’s door indicated firing and that the voice identification was sufficient. The Court, noting the lack of any injury, the nature of the allegation, and the background of enmity, ordered the release of the petitioners on bail with a bond of Rs.10,000 each and specific surety conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners pending trial for alleged offences under the BNS Act, 2023 and the Arms Act.
- Whether the identification of the petitioners by voice constitutes reliable evidence to justify denial of bail.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- voice identification
- land dispute
- arms act
- evidentiary reliability
- enforced enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73461 of 2025
Arising Out of PS. Case No.-333 Year-2025 Thana- MAHUA District- Vaishali
======================================================
1. Sunil Singh @ Sunil Kumar S/O Gaya Singh R/O village- Bishunpur,
Taraura, P.S.- Mahua, District- Vaishali
2. Pankaj Kumar @ Gautam Kumar S/O Sunil Singh R/O village- Bishunpur,
Taraura, P.S.- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Natraj Verma, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 11-02-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners apprehend their arrest in connection
with Mahua P.S. Case No.333 of 2025 registered for the
offences punishable under Sections 109, 126(2), 352, 351, 3(5)
of the BNS, 2023 and Section 27 of the Arms Act.
3. In the fateful night of 10/11.03.2025, while the
informant was sleeping in his house along with his family
members, he heard some sound of firing and later on he
recognized the petitioners and one Niraj Kumar from their
voices. When the informant informed the incident to the police
Patna High Court CR. MISC. No.73461 of 2025(4) dt.11-02-2026
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parties, the petitioners along with others succeeded in fleeing
away.
4. Learned Advocate for the petitioners submitted that
the parties are bickering over the land dispute for the last several
years and, in fact, the petitioners grandfather who was fighting
the litigation won up to this Court. Only in order to wreak
vengeance and put pressure, the informant’s side is filing
repeated criminal cases against the petitioners and their family
members. Even if the allegation is taken to be true, the
informant is not an eyewitness to the alleged firing and the
recognition of the petitioners, based upon their voices, prima
facie does not inspire confidence. The petitioner no.1 though
bears three criminal antecedents whereas petitioner no.2 bears
one, but all of them are the outcome of enmity between the
parties lodged by the informant and his family members.
5. On the other hand, the learned Advocate for the
State vehemently opposed the bail application and submitted
that the bullet marks over the door of the informant clearly
suggest that firing took place and the petitioners were
recognized by their voices.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
Patna High Court CR. MISC. No.73461 of 2025(4) dt.11-02-2026
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of the nature of allegation, coupled with the previous enmity,
besides none has sustained any injury, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. IV, Vaishali, Hajipur in
connection with Mahua P.S. Case No.333 of 2025, subject to the
condition as laid down under Section 482(2) of the BNSS, with
further condition that one of the bailors shall be the own/close
family members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
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