Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied.
Summary
Sunny Kumar petitioned for anticipatory bail fearing arrest in a case registered under sections 126(2), 115(2), 109(1), 3(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act. The prosecution alleged that during a marriage ceremony on 07.05.2025, Kumar brandished a pistol and fired a shot, causing panic though no one was injured, and an empty 7.65 KF cartridge was recovered. The petitioner claimed innocence, noting the lack of injuries and his three prior criminal convictions. The court considered that the FIR named the petitioner, a cartridge was recovered, and he had prior convictions, and therefore found sufficient ground to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the FIR, recovery of a cartridge, and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal antecedent
- Arms Act
- firearm discharge
- FIR
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87284 of 2025
Arising Out of PS. Case No.-211 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Sunny Kumar S/o Late Sanjay Yadav R/o Village - Mathuriya, P.S - Laheri,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Noushad Khan
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 12-05-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Laheri P.S. Case No. 211 / 2025 dated 07.05.2025
registered under Section 126(2), 115(2), 109(1), 3(5) of the
B.N.S. 2023 and Section 27 of the Arms Act.
3. The prosecution case in nutshell is that on
07.05.2025 an altercation took place during a marriage
ceremony at City Palace under Laheri Police Station, which led
to commotion at the marriage venue and a quarrel ensued
between the side of the bride and bridegroom’s side which later
escalated and it is alleged that petitioner-Sunny Kumar took out
a pistol from his waist and fired with an intention to kill, which
caused panic at the marriage venue though no one was injured.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87284 of 2025(4) dt.12-05-2026
2/2
petitioner is innocent and he has not committed any offence in
the manner alleged. He further submits that no one sustained
any injury and only one empty cartridge of 7.65 KF has been
recovered from the place of occurrence. The petitioner has three
criminal antecedent.
5. Regard being had to the submission made by the
petitioner, taking into consideration the fact that F.I.R. has been
lodge by the Police Officer, the petitioner is named in the F.I.R.,
he is having criminal antecedent and used cartridge has been
recovered from the place of occurrence, accordingly, I am not
inclined to grant anticipatory bail to the petitioner. The same is
rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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