Patna High Court
Sunil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, given the petitioner’s clean antecedent and lack of specific allegation, bail is warranted.
Summary
The petitioner, Sunil Rai, father of co‑accused Vivek Kumar, filed a bail petition after apprehending arrest in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that Vivek Kumar fired at an informant’s son, causing death, and that the petitioner was present at the scene, though no specific allegation or overt act was made against him. The petitioner asserted his innocence, clean antecedent and lack of any direct involvement. The State opposed bail, arguing the seriousness of the offence. The Court, considering the petitioner’s clean antecedent and the absence of specific incriminating material, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether the petitioner is entitled to bail despite being present at the scene of the alleged offence.
- Whether the prosecution has sufficient material to justify denial of bail under the BNS and Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- clean antecedent
- Section 482
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8620 of 2026
Arising Out of PS. Case No.-617 Year-2025 Thana- DANAPUR District- Patna
======================================================
Sunil Rai S/o Ashok Rai @ Ekaram Singh R/o Village - Hulasi Tola, P.S -
Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar Vivek, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 103(1) and 3(5) of the
BNS and Section 27 of the Arms Act.
3. According to the prosecution case, co-accused
Vivek Kumar fired upon the informant’s son due to which he
died. The present petitioner is the father of the said co-accused.
It is further alleged that this petitioner along with other co-
accused persons was also present at the place of occurrence.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence as alleged.
Petitioner is the father of the co-accused Vivek Kumar and there
is no specific allegation or overt act against this petitioner.
Patna High Court CR. MISC. No.8620 of 2026(2) dt.11-02-2026
2/2
Petitioner claims clean antecedent.
5. Learned counsel for the State opposed the bail
petition.
6. Considering the aforesaid facts, clean antecedent of
the petitioner 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 Additional
Chief Judicial Magistrate-1st, Danapur, Patna in connection
with Danapur P.S. Case No. 617 of 2025, subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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