Patna High Court
Rohit Kumar Nirala @ KalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, given the medical report showing no serious gunshot injury and the petitioner’s lack of criminal antecedent, regular bail could be granted upon furnishing a bail bond and sureties.
Summary
The petitioner, Rohit Kumar Nirala, was charged under Sections 126(2), 118(1), 109, 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly firing four bullets at an informant, one of which struck the informant's leg. The medical injury report, however, indicated that the wound was not a gunshot injury and was simple in nature, and the petitioner had no prior criminal record. The petitioner sought regular bail, arguing that the medical evidence undermined the prosecution's case. The State opposed the bail application. After considering the injury report and the petitioner’s clean antecedent, the court ordered that bail be granted on the condition of a Rs.10,000 bail bond with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under the B.N.S. and Arms Act.
- Whether the medical injury report negates the prosecution's allegation of a serious gunshot injury.
Legislation cited
Subjects
- bail
- regular bail
- criminal procedure
- firearms
- injury report
- Arms Act
- B.N.S.
- medical evidence
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14134 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
Rohit Kumar Nirala @ Kallu S/o- Ram Ikbal Thakur Village- Repura, P.S.-
Karja, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for grant
of regular bail in connection with Kanti P.S. Case No. 55 of 2025
dated 14.02.2025 registered for the offences punishable under
Sections 126(2), 118(1), 109, 61(2), 3(5) of B.N.S. and 27 of Arms
Act.
3. As per the allegation, four persons seated on two
motorcycles waylaid the informant and it is alleged that this
petitioner fired four bullets upon him and out of which one bullet
hit the leg of the informant.
4. Learned counsel for the petitioner submits that as per
injury report, it is clear that the informant has not received any
entry wound or lacerated wound. The treating doctor has opined
Patna High Court CR. MISC. No.14134 of 2026(4) dt.30-04-2026
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that the wound area is not confirmed to be the gunshot injury and
the injuries are opined to be simple in nature. Learned counsel for
the petitioner has further been submitted that the injury report does
falsify the entire prosecution/allegation against the petitioner and
the petitioner is in custody since 13.10.2025 having no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Court concerned, Muzaffarpur in connection with Kanti P.S. Case
No. 55 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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