Patna High Court
Bhola @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail be granted to the petitioner subject to a bond of Rs 10,000 and two sureties, under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Bhola @ Sunil Kumar, sought bail fearing arrest in a case registered under sections 126(2), 127(2), 352, 351(2), 3(5) of the Bharatiya Nagarik Suraksha Sanhita and section 25(1‑b)/a/35 of the Arms Act, alleging he carried a pistol and threatened an informant. He contended that the pistol was recovered from the cowshed of co‑accused Sonu Kumar and that no incriminating article was found on him, asserting his innocence. The State opposed the bail application. The High Court, after considering the facts, ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to conditions under section 482(2) of the BNS. The order was directed to be complied with by the Judicial Magistrate of Nawada.
Issues considered
- Whether bail should be granted to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Arms Act — s. 25(1-b)/a/35
- Bharatiya Nagarik Suraksha Sanhita — s. 126(2), 127(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Arms Act
- threatening with firearm
- section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83154 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Bhola @ Sunil Kumar S/o Krishnadev Yadav R/o Village- Dalelpur, P.S-
Nardiganj, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar , Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 127 ( 2 ),
352, 351 ( 2 ) and 3 (5) of BNS and 25 (1-b)/a/35 of Arms Act.
3 . As per F.I.R. allegation against this petitioner is of
carrying the pistol and threatening to kill the informant.
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
As a matter of fact, the alleged pistol was recovered from
cowshed of co-accused Sonu Kumar. No incriminating article
has been recovered from possession of petitioner and has got no
concern with the alleged occurrence .
5 . Learned counsel for the State opposed the bail
Patna High Court CR. MISC. No.83154 of 2025(2) dt.05-01-2026
2/2
petition .
6 Considering the aforesaid facts and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate Ist
Class Nawada in connection with Nardiganj P.S. Case No. 319
of 2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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