Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioners are entitled to regular bail and the application is allowed.
Summary
The petitioners, Subhash Kumar and Bijo Ray, were arrested in connection with a disturbance at a cultural program where co‑accused fired indiscriminately, injuring two persons, and allegedly assaulted Munni Devi with the butt of a pistol. The petitioners contend they were falsely implicated, asserting that only the other co‑accused were responsible for the firing and that their alleged assault was minor. They have been in custody since 29‑Oct‑2025, have clean antecedents, and the charge sheet shows no tampering. They applied for regular bail under multiple sections of the Bihar Negotiable Statutes. The Court, after considering the submissions, granted bail on the condition of a Rs 10,000 bond with two sureties for each petitioner, allowing the application.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the alleged assault on Munni Devi constitutes a ground to deny bail
- Whether the petitioners' clean criminal record and lack of charge‑sheet tampering justify bail
Subjects
- regular bail
- criminal procedure
- assault
- firearms
- Bihar
- Bihar Negotiable Statutes
- sections 191(3) 190 651(2)(a) 109(1) 125 126(2) 115(2) 303(2)
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13852 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- PANDARAK District- Patna
======================================================
1. Subhash Kumar Son of Bijo Ray @ Bijendra Ray Resident of Village -
Kondi, P.S.- Pandarak, District - Patna.
2. Bijo Ray @ Bijendra Ray Son of Late Dev Karan Ray Resident of Village -
Kondi, P.S.- Pandarak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned Counsel for the petitioners, learned
counsel for the informant and learned A.P.P for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Pandarak P.S. Case No.
190 of 2025 registered for the offences punishable u/s 191(3),
190, 651(2)(a), 109(1), 125, 126(2), 115(2) and 303(2) of the
B.N.S.
3. As per the prosecution case, the petitioner along
with co-accused persons arrived in a pick-up van bearing
Registration no. BR01GK4549, while three other co-accused
persons arrived on a motorcycle bearing Registration no.
BR01EA8007. All of them gathered at the venue of cultural
Patna High Court CR. MISC. No.13852 of 2026(2) dt.12-03-2026
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program and began creating a disturbance. It is further alleged
that co-accused Amarjit @ china Rai, Kundan Rai and Rishi Rai
started indiscriminate firing as a result of which Amit Kumar
(informant) sustained gun shot wound in his leg and Akash
Kumar received injury in his waist. Upon hearing the sound of
gunfire, Munni Devi (mother of Akash Kumar) rushed to the
place of incident, thereafter, Subhash Kumar (petitioner) and co-
accused Kundan Yadav assaulted her with the butt of pistol on
the neck due to which she became unconscious and fell on the
ground, subsequently, her gold chain and earrings were snatched
away.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and has falsely been implicated
in this case. It is further submitted that as far as allegation of
firing is concerned, the same is against co-accused Amarjit,
Kundan Rai and Rishi Rai due to which two persons have
injured while allegation against these petitioners is to have
assaulted Munni Devi (mother of Akash Kumar) by butt of
pistol on the neck. It is next submitted that there is case and
counter case between the parties and the injury sustained by
Munni Devi is simple in nature. It is also submitted that the
petitioners have clean criminal antecedent and are in custody
Patna High Court CR. MISC. No.13852 of 2026(2) dt.12-03-2026
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since 29.10.2025. It is lastly submitted that the charge sheet has
been submitted and there is no allegation of tampering.
5. Learned APP for the state and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioners.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstances of
the case, let the petitioners above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Court concerned, Patna in connection with Pandarak
P.S. Case No. 190 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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