Patna High Court
Sunil Yadav @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 25(1‑b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)
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
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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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