Sunil Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5040 of 2026 Arising Out of PS. Case No.-187 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Sunil Poddar S/o Late Anil Poddar R/o Village - Chandanbagh Naya Tola, P.S - Kashimbajar, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Sessions Trial No. 374 of 2025 arising out of Buxar(Industrial) P.S. Case No. 187 of 2025 registered for the offence punishable under Sections 310(4), 310(5) of the B.N.S., 2023 and Sections 25(1-B)a, 25(1-aa), 26 and 35 of the Arms Act.
3. The case of the prosecution in short is that the informant received a secret input that at the house of Dinesh Yadav, situated at Dalsagar Village, Dinesh Yadav and his associates have gathered, who are in possession of illegal arms and are planning to commit a crime. In follow-up action, a raid was conducted at the house of Dinesh Yadav, where five persons
Patna High Court CR. MISC. No.5040 of 2026(2) dt.09-02-2026 2/3 were present who tried to flee away. Dinesh Yadav succeeded in fleeing away from his house. It is further alleged that when the room was searched, two persons were found below the bed who were having a bag and from that bag, instrument for manufacturing gun was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that as per the case of the prosecution, there were two persons and they were holding the bag. It is not clear from the case of the prosecution as to who was holding the bag. He further submits that the witnesses of the seizure list are police personnel. He also submits that police has not complied with Section 105 of the BNSS while making the seizure. He further submits the petitioner is languishing in judicial custody since 03.08.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.5040 of 2026(2) dt.09-02-2026 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-VII, Buxar in connection with Sessions Trial No. 374 of 2025 arising out of Buxar (Industrial) P.S. Case No. 187 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T