Patna High Court
Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sunil Yadav, was charged under sections 109/3(5) of the Bihar Narcotic Substances Act and section 27 of the Arms Act for allegedly being part of a firing incident. The prosecution’s case relied on the informant’s account of a group firing indiscriminately and a confessional statement by a co‑accused, Vishal, which named the petitioner. The petitioner contended that he was falsely implicated, that the informant suffered no injury, and that the allegations were vague and omnibus. He also highlighted his extensive criminal record of eleven prior cases and his custody since 24‑11‑2025 while seeking regular bail. The State opposed the bail on the seriousness of the offences and the petitioner’s antecedents. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, attendance at trial, and weekly reporting to the police station.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 109/3(5) BNS and 27 Arms Act.
- Whether identification of the petitioner in the FIR and a co‑accused’s confessional statement suffices to deny bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109/3(5)
Subjects
- regular bail
- bail grant
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- identification
- confessional statement
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7957 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Sunil Yadav S/O Late Ramdev Yadav wrongy mentioned as Ganesh Yadav in
the order Impugned ,Resident of Village- Magha Police Station- Keoti,
District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
For the Informant : Mr. Subodh Kumar Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
Mr. Chandra Mohan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 109/3 (5)
of the BNS and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that while
the informant, who is said to be an employee at Bus Stand Road,
was sitting in a tea shop, 5–6 persons arrived on two to three
motorcycles and started firing indiscriminately. However, the
informant somehow managed to save himself.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that in
the F.I.R. itself it is stated that the informant identified one
Vishal and Vicky. It is further submitted that the name of this
Patna High Court CR. MISC. No.7957 of 2026(3) dt.11-03-2026
2/2
petitioner surfaced in the confessional statement of Vishal, who
has named many persons and the petitioner is among them.
5. Learned counsel for the petitioner has also
submitted that the informant did not receive any injury and there
is only a general and omnibus allegation of firing. It has further
been submitted that the petitioner has criminal antecedents of 11
cases and he is in custody since 24.11.2025.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Sadar P.S. Case No. 218 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Darbhanga, subject to the condition
that with the condition that the petitioner shall cooperate in the
trial and remain physically present on each and every date and
shall mark his weekly attendance at Keoti Police Station.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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