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Patna High Court

Uma Shankar Rai @ Bhodu @ Bhodu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.

Summary

The petitioners, Uma Shankar Rai and Ramjee Rai, were arrested in connection with a case registered under multiple sections of the Bhartiya Nayay Sanhita and Section 27 of the Arms Act, alleging participation in an unlawful assembly that fired rounds and injured an informant. The prosecution alleged that the accused, along with several co‑accused, were armed and discharged firearms, though only two empty shells were recovered. The petitioners contended they have no prior criminal record, have been in custody since 29‑12‑2025, and that the evidence of multiple firings is inconsistent. Their counsel highlighted that the specific injury was caused by a co‑accused, not the petitioners, and they offered to cooperate with the trial. The State opposed bail, but the court, after considering the circumstances and the length of custody, ordered bail on a bond of Rs 10,000 each with two sureties. The order was pronounced by Justice Praveen Kumar.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious charges under the IPC and Arms Act
  • Whether the evidence presented by the prosecution justifies continued detention

Legislation cited

Subjects

  • bail
  • unlawful assembly
  • Arms Act
  • Indian Penal Code
  • criminal procedure
  • court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.14384 of 2026
                      Arising Out of PS. Case No.-297 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
           1.     Uma Shankar Rai @ Bhodu @ Bhodu Kumar S/O Anil Rai R/O Village-
                  Chhotka Chanda, P.S- Koilwar, District- Bhojpur (Ara).
           2.     Ramjee Rai S/O Kunhaiya Rai R/O Village- Chhotka Chanda, P.S- Koilwar,
                  District- Bhojpur (Ara).
                                                                          ... ... Petitioners
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners    :         Mr. Aditya Nath Pandey, Advocate
                 For the Opposite Party :         Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                               2. The petitioners are seeking bail in connection with

                   Koilwar P.S. Case No. 297 of 2025, registered for the offence

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 352,

                   351(2) and 351(3) of the Bhartiya Nayay Sanhita and Section 27

                   of the Arms Act.

                               3. As per the prosecution case, petitioners formed

                   unlawful assembly along with co-accused Manish Kumar, Anil

                   Rai, Arun Kumar, Vinod Kumar and Rakesh Kumar and some

                   unknown persons armed with pistol, fired several rounds and

                   co-accused Manish Kumar fired on the informant hitting his

                   thigh causing injury to the informant.
          Patna High Court CR. MISC. No.14384 of 2026(2) dt.12-03-2026
                                                      2/2




                                 4. Learned counsel appearing for the petitioners

                    submits that the petitioners have no criminal antecedents and

                    they are in custody since 29.12.2025. There is general and

                    omnibus allegations against them and three others to have fired

                    several rounds injuring none, although the specific allegation is

                    against co-accused Manish Kumar of firing hitting the thigh of

                    the informant. Moreover, only two empty shells were recovered

                    from the place of occurrence, whereas as per allegations several

                    rounds of firing was made which falsifies the prosecution’s case

                    itself. While petitioner No. 1 is a student and petitioner No.2 is

                    in government service and they undertake to cooperate in the

                    trial.

                                 5. Learned A.P.P. for the State vehemently opposed

                    the prayer for bail of the petitioners.

                                 6. Considering the facts and circumstances of the case

                    and the period of custody, let the, above named, petitioners be

                    released on bail on furnishing bail bond of Rs. 10,000/- (ten

                    thousand) each with two sureties of the like amount each to the

                    satisfaction of learned Judicial Magistrate First Class, Bhojpur,

                    Ara, in connection with Koilwar P.S. Case No. 297 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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