Patna High Court
Fantush Kumar @ Awadhesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was rejected.
Summary
Fantush Kumar was arrested in connection with a case involving assault and firing at a victim, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for regular bail, claiming innocence, and had been in custody since 29 January 2026. The State opposed the bail, highlighting the seriousness of the allegations and the petitioner’s seven prior criminal antecedents. The court examined the nature of the offences and the petitioner’s criminal history. Considering these factors, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of the offences and his criminal antecedents
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- regular bail
- bail application
- criminal antecedents
- assault
- firearms
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15363 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Fantush Kumar @ Awadhesh Yadav Son of Chhatri Yadav Resident of
Village- Farreh, P.S.- Chautham, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chautham P.S. Case No. 119 of 2025 registered for the offence
under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3),
& 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of
the Arms Act.
3. As per the prosecution case, the petitioner is
alleged to have assaulted the victim and also fired at him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 29.01.2026.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.15363 of 2026(2) dt.16-03-2026
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opposed the prayer for bail and has 7 criminal antecedents.
6. Considering the nature of the allegations levelled
against the petitioner as well as his criminal antecedents, this
Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected for the present.
(Sandeep Kumar, J)
Shishir/-
U T
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