Patna High Court
Arun Kumar @ Arun BinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the court found the allegations serious and the petitioner implicated as an assailant.
Summary
The petitioner, Arun Kumar, sought anticipatory bail after being implicated as an assailant in a shooting incident that resulted in two deaths and one injury, linked to a gang conflict over illegal sand mining. The FIR, filed under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, did not originally name the petitioner, but a witness later identified him as one of the attackers. The petitioner feared arrest and applied for anticipatory bail. The court examined the seriousness of the charges, the involvement of the petitioner as per the witness testimony, and the nature of the alleged gang violence. Considering the gravity of the offences and the evidence presented, the court rejected the petition for anticipatory bail. Consequently, the petitioner remains liable to be arrested under the FIR.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and the witness testimony.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- illegal sand mining
- gang violence
- IPC Section 302
- IPC Section 34
- Arms Act Section 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12847 of 2025
Arising Out of PS. Case No.-210 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Arun Kumar @ Arun Bin S/o- Raj Kishor Prasad @ Raj Kishor Bin Resident
of Village- Semariya (Mahadeo Chak) P.S.- Koilwar,District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 302/34 of the
Indian Penal Code and Section 27 of the Arms Act.
3. The informant alleged that her son had gone for
work on 01.05.2024 and on the said day, at about 11:30 PM, she
heard from villagers that firing incident took place at Balu Ghat.
Eventually, she went to the place of incident and saw the dead-
body of her son and one Sudarshan Rai, who were shot dead and
one Purnmashi Mahto suffered bullet injuries. Police conducted
investigation and discovered that there are two gangs operating
in the area and its members are struggling against each other for
control over illegal sand mining operations.
Patna High Court CR. MISC. No.12847 of 2025(5) dt.16-01-2026
2/2
4. Petitioner is not named in the F.I.R. Name of the
petitioner transpired during investigation wherein one of the
witness namely Purnmashi Mahto, who also got injured in the
occurrence, named this petitioner, as one of the assailant.
5. Considering the nature of accusation, the prayer
for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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