Patna High Court
Shailendra Kumar Shailendra @ Sailendra @ Satya @ RiderversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Shailendra Kumar, was charged under multiple sections of the Bihar Penal Code and Section 27 of the Arms Act for allegedly firing at a marriage hall, damaging its pavement, and assaulting staff. The prosecution argued the seriousness of the offenses, while the defense contended that no one was injured by the firearm and any staff injuries were minor, also noting the petitioner’s custody since 12‑01‑2026 and three prior cases. The State opposed bail citing the petitioner’s criminal antecedents. The court examined the nature of the allegations, the lack of serious injury, and the petitioner’s right to bail despite prior cases. It concluded that bail was appropriate, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. Consequently, the petitioner was released on bail.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges and prior criminal antecedents
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- arms act
- assault
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15973 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Shailendra Kumar Shailendra @ Sailendra @ Satya @ Rider Son of Pappu
Mahto @ Pappu Pramod @ Pappu Prasad Resident of Village- Paharpura,
P.S.- Bihar, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Deepnagar P.S. Case No.533 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 136(2),
115(2), 118(1), 109(1), 303(2), 352, 352(2) and 324(4) of the
BNS and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner and others have fired at the marriage hall of the
informant due to which the pave of the marriage hall was
broken. They have also assaultged the staff of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the nature of allegation is general
Patna High Court CR. MISC. No.15973 of 2026(3) dt.20-04-2026
2/2
and omnibus. Learned counsel for the petitioner has submitted
that nobody has received any injury with firearm. Injury, if any,
which has been received by the staff of the informant is simple
in nature. Learned counsel for the petitioner has submitted that
the petitioner is in judicial custody since 12.01.2026.
5. The application for bail is opposed by learned APP
for the State. Learned APP has further submitted that the
petitioner is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Chief Judicial Magistrate, Nalanda at Biharsharif in connection
with Deepnagar P.S. Case No.533 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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