Patna High Court
Sonu Kumar @ Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Sonu Kumar, was implicated in a FIR (Gaya Rail P.S. Case No.28 of 2025) for alleged firing at a victim, charged under Sections 109, 118, 3(5) of the B.N.S. and Section 27 of the Arms Act. He contended that he is innocent, the informant later admitted the FIR was based on hearsay, and the dispute had been settled between the parties. The petitioner had not previously applied for anticipatory or regular bail and claimed no prior criminal record. The State opposed bail, while the informant’s counsel supported the petitioner’s claim. The Court, after considering the circumstances, granted bail subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation if criminal antecedents are later discovered or if the bail petition statements are found false.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S. and Arms Act.
- Whether the informant’s admission of filing the FIR on hearsay and the alleged settlement affect the bail decision.
- Whether the petitioner’s lack of prior criminal antecedents and the absence of earlier bail applications justify granting bail.
- Whether Section 482(2) of the B.N.S.S., 2023 can be invoked to impose conditions on the bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 109, 118, 3(5)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- Arms Act
- false FIR
- settlement
- Section 482
- Bihar Negotiable Instruments Act
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78237 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Sonu Kumar @ Avinash Kumar, Son of Birendra Giri, Mohalla- Siyaram
Colony, P.S.- Belaganj, District- Gaya.
... ... Petitioner
Versus
1. The State of Bihar
2. Sudarshan Kumar, S/o Rajkumar Singh, R/o Chakand Railway Station, Ward
No-14 Chakand Dist- Gaya.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Nagendra Kumar, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Gaya Rail P.S. Case No.28 of 2025, dated-
31.01.2025 registered for the offences punishable under
Sections 109, 118, 3(5) of the B.N.S. and Section 27 of the
Arms Act.
3. As per allegation, the Petitioner has fired at the
victim.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that in course of time, the Informant
Patna High Court CR. MISC. No.78237 of 2025(4) dt.26-02-2026
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has stated before the police that he had lodged this FIR from
hearsay. He has not seen the firing by the Petitioner. He also
submits that the matter has been compromised and settled
between the parties.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Learned counsel for the Informant, who is present
in this Court also approve the submission advanced by learned
counsel for the Petitioner.
9. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
Patna High Court CR. MISC. No.78237 of 2025(4) dt.26-02-2026
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with Gaya Rail P.S. Case No.28 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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