Patna High Court
Murari Kumar @ Murari PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Murari Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 109, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The FIR alleges indiscriminate firing by the petitioner, but the specific firearm injury is attributed to a co‑accused, Annu Kumar, and no person was actually injured by the petitioner. He has been in custody since 8 May 2025 and a chargesheet has been filed. The State opposed his bail application, arguing the seriousness of the offences. The Court considered the nature of the accusation, the period of custody, and the absence of any injury caused by the petitioner, and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the District & Additional Sessions Judge‑XI, Darbhanga.
Issues considered
- What is the appropriate bail jurisprudence for offences under Sections 126(2), 115(2), 109, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act?
- Does the absence of any firearm injury caused by the petitioner justify granting bail despite the seriousness of the charges?
- Should the period of pre‑trial custody (since 08‑05‑2025) influence the decision to grant bail?
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- pre‑trial detention
- co‑accused liability
- fire‑arm injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10431 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Murari Kumar @ Murari Paswan S/o Ashok Mahto @ Ashok Kumar Mahto
Resident of Lsxmisagar, P.S.- L.N.M.U., District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dileep Kumar Singh
For the Opposite Party/s : Mr.Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 126(2), 115(2), 109, 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that as
per F.I.R. itself, specific accusation of causing fire-arm injury is
against co-accused Annu Kumar. So far as this petitioner is
concerned, though there is allegation of indiscriminate firing
against him, but no fire-arm injury was caused to anybody.
Petitioner is in custody since 08.05.2025. Chargesheet has been
submitted.
4. Learned A.P.P. for the State opposes the prayer for
bail.
Patna High Court CR. MISC. No.10431 of 2026(2) dt.18-02-2026
2/2
5. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Additional Sessions Judge – XI, Darbhanga /
concerned Court in connection with S.Tr.No. 524 of 2025,
arising out of L.N.M.U. P.S. Case No. 101 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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