Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of any material evidence linking the petitioner to the alleged offence, anticipatory bail must be granted.
Summary
The petitioner, Sonu Kumar, feared arrest in a case registered under Sections 310(3) and 310(5) of the B.N.S. and Sections 25(1‑B)(a), 26 and 35 of the Arms Act, where a raid on 4 July 2025 led to the seizure of weapons from three alleged miscreants. The prosecution’s case was based on secret information and the statements of the arrested accused, who mentioned the petitioner’s name, although the petitioner was not named in the FIR. The petitioner’s counsel argued that there was no material linking him to the alleged offence and no incriminating article was recovered from his possession. The State opposed the grant of anticipatory bail. The Court, after considering the lack of any substantive evidence against the petitioner, allowed the prayer for anticipatory bail. Accordingly, the petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties within eight weeks, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated solely by co‑accused statements.
- Whether the allegations under Sections 310(3), 310(5) of the B.N.S. and the Arms Act warrant denial of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- bail
- criminal procedure
- Arms Act
- lack of evidence
- FIR
- co‑accused statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84830 of 2025
Arising Out of PS. Case No.-360 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Sonu Kumar S/O Sanjay Rai Resident of village- Konhawa, P.S.- Kotwa,
Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the State : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 310(3) and
310(5) of the B.N.S. and Sections 25(1-B)(a), 26 and 35 of the
Arms Act.
3. As per prosecution case, on 04.07.2025, on the
basis of secret information that some miscreants are planning to
commit robbery, a raid was conducted and three miscreants
were apprehended with desi katta and live cartridges.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.84830 of 2025(3) dt.06-01-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Name of petitioner transpired in this case during course of
investigation merely on the basis of disclosure made by
apprehended accused persons. Save and except the same, there
is no material on record to show the complicity of this petitioner
in the alleged offence. No incriminating article has been
recovered from possession of this petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, the prayer for grant of anticipatory bail to the petitioner is
allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned Judicial Magistrate 1st Class,
Motihari, East Champaran in connection with Sugauli P.S. Case
No. 360 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.84830 of 2025(3) dt.06-01-2026
3/3
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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