Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted in the case of the petitioner, subject to a cash bond and specific conditions, notwithstanding the pending verification under Section 103 of BNSS 2023 and the petitioner’s other cases.
Summary
Sujeet Kumar was arrested on 19 May 2025 for possession of a loaded desi pistol and two live cartridges, alleged offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act. He applied for bail, contending that the FIR did not comply with Section 103 of the BNSS 2023 and pointing out that a co‑accused, Punit Kumar, had already been released on bail. The State opposed bail, highlighting that the petitioner has eight other pending criminal cases. The Court considered the bail petition, the non‑compliance claim, and the petitioner’s criminal antecedent, and ultimately ordered his release on bail with a Rs.10,000 bond and three conditions relating to court attendance, evidence tampering, and verification of antecedents. The bail bond is to be secured with two sureties of equal amount, and any breach of conditions may lead to cancellation.
Issues considered
- Whether bail can be granted despite alleged non‑compliance with Section 103 of the BNSS 2023.
- Whether the petitioner’s multiple pending criminal cases preclude bail.
- Whether conditions may be imposed on bail for offences under the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- BNSS, 2023 — s. 103
Subjects
- bail
- Arms Act
- Section 103 BNSS 2023
- loaded pistol
- criminal antecedent
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86780 of 2025
Arising Out of PS. Case No.-71 Year-2025 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Sujeet Kumar Son of O. P. Yadav @ Upendra Yadav Resident of Village
Paharpur Husaina, P.S.- Medni Chowki, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indrajit Kumar, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 30-03-2026 Heard Mr.Indrajit Kumar, learned counsel for the
petitioner and Mr.Lalan Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
19.05.2025 in connection with S.Tr.No.281/2025 arising out of
Medni Chowki P.S. Case No. 71 of 2025, F.I.R. dated
19.05.2025 registered for the offence punishable under Sections
25(1-B)a/26/35 of the Arms Act.
3. The case relates to recovery of one loaded Desi
Pistol and two live cartridges from possession of the petitioner.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that one
loaded country made Pistol and two live cartridges were
recovered from possession of the petitioner. Learned counsel
for the petitioner submits that there is non-compliance of
Patna High Court CR. MISC. No.86780 of 2025(4) dt.30-03-2026
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Section 103 of BNSS 2023. Further submits that the co-accused
person, namely, Punit Kumar has been granted bail by a
Coordinate Bench of this Hon’ble Court vide order dated
15.12.2025 passed in Cr. Misc. No. 84195 of 2025 and police,
after investigation, submitted the chargesheet against the
petitioner and the petitioner o is in custody since 19.05.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
eight more cases other than the present one, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released 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 CJM, Lakhisarai in
connection with S.Tr.No.281/2025 arising out of Medni Chowki
P.S. Case No. 71 of 2025,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.86780 of 2025(4) dt.30-03-2026
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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