Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Kamlesh Kumar was arrested in connection with a case registered under sections 109 and 3(5) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act, alleged to have fired a single shot at the left thigh of an informant during a scuffle. The petitioner pleaded innocence, claiming the injury was accidental, non‑fatal, and that there was no intention to kill, and sought regular bail after being in judicial custody since 26‑11‑2025. The State opposed bail, citing the seriousness of the allegations and the petitioner’s two prior criminal convictions. The court examined the facts, noting the single shot and lack of lethal intent, and considered the petitioner’s custody duration. Accordingly, the court ordered the release of the petitioner on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.

Issues considered

Whether regular bail should be granted to the accused in a case under sections 109, 3(5) of the BNS and section 27 of the Arms Act, considering the alleged injury, intent, and prior criminal antecedents.

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 109, 3(5)

Subjects

regular bail
bail petition
Arms Act
Section 27
Bihar Negotiable Instruments Act
Section 109
Section 3(5)
criminal antecedent
attempt to cause injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10266 of 2026
                       Arising Out of PS. Case No.-497 Year-2024 Thana- BARHARIA District- Siwan
                 ======================================================
                 Kamlesh Kumar Son of Shiv Pujan Singh Resident of Village- Karnapura,
                 P.S.- G.B. Nagar, District- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 109 and 3

                   (5) of the BNS and Section 27 of the Arms Act.

                                3.    The case of the prosecution is that the petitioner

                   had fired at the left thigh of the informant from a close range.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   from perusal of the FIR, it is clear that the informant along with

                   two other persons was present at the place of occurrence and

                   during the course of conversation, a scuffle suddenly ensued. It

                   is further submitted that on a spur of moment, a single shot was
            Patna High Court CR. MISC. No.10266 of 2026(2) dt.20-02-2026
                                                        2/2




                      allegedly fired. It is further submitted that the fire arm injury

                      was caused on the thigh of the informant which is not a vital

                      part of the body. It is contended that that there was no intention

                      to kill, as only a single shot was allegedly fired. Had there been

                      any intention to commit murder, the petitioner would have fired

                      multiple shots.        Moreover, the petitioner is languishing in

                      judicial custody since 26.11.2025

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail submitting that

                      the learned trial Court has held that the allegation are grievous

                      in nature and the petitioner has two criminal antecedent.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Barharia P.S. Case No. 497 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional Chief Judicial Magistrate -III, Siwan.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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