Patna High Court
Suman Kumar @ Suman ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the absence of direct incriminating material, the custody already served, and the principle of parity with a co‑accused granted bail, the petitioner is entitled to bail subject to conditions.
Summary
The petitioner, Suman Kumar, was arrested in connection with a case involving alleged violations of Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act, after a loaded pistol and cartridges were recovered from a co‑accused. The petitioner contended that he had no direct involvement, no incriminating material was found on him, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He also pointed out that a co‑accused had already been granted regular bail in a similar case. The State opposed the bail application. The court, considering the period of custody already served, the lack of direct evidence against the petitioner, and the principle of parity with the co‑accused, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail can be granted to an accused under Section 317(5) of the Bharatiya Nyaya Sanhita and the Arms Act offenses.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita affects the grant of bail.
- Whether parity with a co‑accused who has been granted bail warrants the same relief for the petitioner.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Subjects
- bail
- arms possession
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- parity
- Section 103
- Section 317(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87625 of 2025
Arising Out of PS. Case No.-400 Year-2024 Thana- RAJAON District- Banka
======================================================
Suman Kumar @ Suman Choudhary Son of Late Rambadan Choudhary
Resident of Village- Mirzapur, P.S.- Barahat, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Rajoun
P.S. Case No. 400 of 2024, instituted for the offences punishable
under Sections 317(5) of the Bharatiya Nyaya Sanhita, 2023,
read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that there is recovery
of one loaded country made pistol and two live cartridges from
the possession of the co-accused person.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.87625 of 2025(2) dt.13-01-2026
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the petitioner also submits that the petitioner has got no concern
with the alleged recovery of arms. The petitioner is in custody
since 29.04.2025 and has got three criminal antecedents. There
is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023. Learned counsel for the petitioner
further submits that other co-accused has been granted regular
bail by this Court vide order dated 21.11.2025 passed in Cr.
Misc. No. 81797 of 2025.
5. Learned APP for the State has vehemently opposed the
prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and taking into account the period of custody
undergone by the petitioner as also claim based on parity, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rajoun P.S. Case No.
400 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.87625 of 2025(2) dt.13-01-2026
3/3
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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