Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34816 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- EKANGARSARAI District- Nalanda ====================================================== Sunil Kumar Son of Late Shivnandan Prasad Resident of Village- Parthu, P.S.- Ekangarsarai, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar No. I, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ekangarsarai P.S. Case No. 10 of 2026 instituted for the offences under Sections 25(1)a, 25(1-AA), 25(1-B) (C), 26(1), 26(2), 35 of the Arms Act.

3. That the prosecution case, in brief, is that, acting on STF information, the police raided the house of the petitioner and recovered a large quantity of semi-finished firearm parts, tools, and machinery used for manufacturing illegal arms. The petitioner was apprehended and disclosed the involvement of two other co-accuseds in the illegal arms manufacturing activity.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.34816 of 2026(4) dt.23-07-2026 2/3 petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the alleged recovery. Learned counsel further submitted that petitioner has never engaged in manufactering of illegal arms. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.01.2026 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned A.P.P. 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 as also the period of custody undergone by the petitioner, 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 Ekangarsarai P.S. Case No. 10 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or a close family member.

Patna High Court CR. MISC. No.34816 of 2026(4) dt.23-07-2026 3/3 (II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T