Patna High Court

Raj Kumar Pandit @ Raj KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court denied anticipatory bail, finding a prima facie case against the petitioner.

Summary

Petitioner Raj Kumar Pandit was named in an FIR (Muffasil P.S. Case No. 325 of 2025) for offences under Sections 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2) and 3(5) of the Bihar Non‑Specific (BNS) Act and Section 27 of the Arms Act. He applied for anticipatory bail, claiming that the allegations were not substantiated. The Court examined the FIR, the injury report and found a specific allegation that the petitioner caused a firearm injury to the son of the informant, which was corroborated by medical evidence. On this prima facie basis, the Court held that the requirements for granting anticipatory bail were not satisfied. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail under Section 438 of the Code of Criminal Procedure can be granted when a prima facie case exists for offences involving firearm injury and other serious charges.

Legislation cited

Arms Act — s. 27

Subjects

anticipatory bail
firearm injury
BNS Act
Arms Act
Section 438 CrPC
prima facie case

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10821 of 2026
                   Arising Out of PS. Case No.-325 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                  ======================================================
                  Raj Kumar Pandit @ Raj Kumar son of Sugriv Pandit Resident Of Village
                  -Pathkhauliya, Ps -Muffasil, Dist -East Champaran
                                                                           ... ... Petitioner/s
                                                      Versus
                  The State of Bihar
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Pravin Kumar
                  For the Opposite Party/s :      Mr.Arun Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER
2    24-02-2026                   Heard the parties.

                                 2. The petitioner is named in the F.I.R. and

                    apprehending his arrest in connection with Muffasil P.S. Case No.

                    325 of 2025 registered for the offences punishable under Sections

                    126(2), 115(2), 118(1), 117(2), 109, 352, 351(2) and 3(5) of

                    the BNS and Section 27 of the Arms Act.

                                 3. Considering the submissions and upon perusal of

                    materials available on record as the specific allegation is available

                    against this petitioner to cause firearm injury upon son of

                    informant which prima-facie appears in corroboration with injury

                    report, accordingly the prayer of anticipatory bail of petitioner

                    stands rejected.


                                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T

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