Patna High Court
Sunil Kumar @ Halua @ Sunil Kumar Yadav @ Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sunil Kumar, was charged under Sections 103 and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly participating in a shooting that resulted in the death of an informant's son. The prosecution alleged that the petitioner, along with several others, surrounded the victim and that co-accused Mukesh Yadav and Hareram Yadav fired the fatal shots. The petitioner argued that the specific charge of causing firearm injury applied only to the co-accused and that he faced only a general, omnibus allegation, noting that similarly situated co-accused had already been granted bail and that he had a clean antecedent. The State opposed bail. Considering the nature of the accusation, the period of custody since 28‑08‑2025, and the petitioner's clean record, the court ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite a general and omnibus allegation under the B.N.S. and Arms Act.
- Whether the nature of the offence and the period of custody justify denial of bail.
- Whether the clean antecedent and bail granted to co‑accused affect the petitioner's bail application.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- general allegation
- omnibus allegation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.738 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- PANDARAK District- Patna
======================================================
Sunil Kumar @ Halua @ Sunil Kumar Yadav @ Sunil Yadav S/O Late Siman
@ Late Siman Yadav Resident of Village- Gowasa Shekhpura, Gherapar,
Police Station - Pandarak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 103 & 3(5) of the B.N.S. and Section 27
of the Arms Act.
3. As per prosecution case, it is alleged that all the
named accused persons, including this petitioner, along with 4
to 5 unknown persons, surrounded elder son of informant,
namely Arun Yadav and thereafter, co-accused Mukesh Yadav
and Hareram Yadav opened fire causing fire arm injury on the
head and stomach of her son, due to which, informant’s son fell
down and died.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.738 of 2026(2) dt.13-02-2026
2/2
specific accusation of causing fire-arm injury is against co-
accused Mukesh Yadav and Hareram Yadav. So far as this
petitioner is concerned, there is general & omnibus allegation.
Similarly situated co-accused have been granted bail by this
Court, vide order dated 03.12.2025 passed in Cr.Misc. No.
82453 of 2025. Petitioner is in custody since 28.08.2025 and
claims clean antecedent. Chargesheet has been submitted.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate – I, Barh, Patna in
connection with Pandarak P.S. Case No. 92 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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