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Patna High Court

Sunil Yadav @ Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The pre‑arrest bail petition is dismissed as the petitioner’s involvement and criminal antecedents warrant custody.

Summary

The petitioner, Sunil Yadav, sought pre‑arrest bail after being implicated in a police raid that recovered cartridges and a country‑made pistol. The prosecution alleged that he was part of an assembly of anti‑social elements and charged him under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1‑b)a, 26 and 35 of the Arms Act. The petitioner contended that his name appeared only in a co‑accused’s confessional statement and that he had no involvement in the incident. The State opposed bail, highlighting his alleged participation and two prior similar criminal antecedents. The court, after considering the seriousness of the offences and the petitioner’s criminal history, rejected the pre‑arrest bail application. Consequently, the petitioner remains in custody pending trial.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under the circumstances.
  • Whether the allegations and prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • bail petition
  • criminal antecedents
  • arms possession
  • Bharatiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80517 of 2025
                      Arising Out of PS. Case No.-768 Year-2024 Thana- AMARPUR District- Banka
                 ======================================================
                 Sunil Yadav @ Sunil Kumar Son of Late Pulkit Yadav R/o Village- Badi
                 Jankipur, P.S.- Amarpur, Distsrict- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends their arrest in a case

                   registered for the offence punishable under sections 310(4),

                   310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-

                   b)a, 26 & 35 of the Arms Act.

                                3 . As per the prosecution case, police acting on a tip

                   off, regarding assembly on anti-social elements, conducted raid

                   and apprehended two accused persons with some cartridges and

                   a country made pistol.

                                4. It is submitted on behalf of the petitioner that

                   petitioner is innocent and has committed no offence as alleged.

                   The name of the petitioner transpired during course of

                   investigation in the confessional statement other co-accused
            Patna High Court CR. MISC. No.80517 of 2025(2) dt.09-02-2026
                                                        2/2




                      persons who were           apprehended on the spot with arms and

                      ammunition . Petitioner has got no concern with the alleged

                      occurrence

                                   5 . However, learned counsel for the State opposed the

                      bail petition and submitted that petitioner along with other co-

                      accused persons is involved in the alleged occurrence and       he

                      has has got 2 criminal antecedents of similar nature .

                                     6. Considering the aforesaid facts,       nature of

                      accusation and criminal antecedents of this petitioner, his prayer

                      for pre – arrest bail is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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