Patna High Court
Sanjay PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, holding that there is sufficient material, including a medical report, to connect the petitioner with the alleged offence.
Summary
The petitioner, Sanjay Prasad, was arrested in connection with a shooting that allegedly caused two gunshot injuries and is charged under Sections 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for regular bail, claiming innocence, while the State opposed the bail. The court examined the prosecution's evidence, including a medical report linking the petitioner to the firing. Finding sufficient material to connect the petitioner with the crime, the court declined to grant regular bail. The petitioner was advised that he may renew his bail prayer if the trial is delayed.
Issues considered
- Whether regular bail should be granted to the petitioner under the charges of the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the prosecution has established sufficient material to connect the petitioner with the alleged firing
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5), 351(2)
Subjects
- regular bail
- bail denial
- firearms
- Arms Act
- Bharatiya Nyaya Sanhita
- medical evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16251 of 2026
Arising Out of PS. Case No.-187 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
Sanjay Prasad Son of Sitaram Bhagat Resident of Village - Paigambarpur @
Paiogambarpur, P.S. - Siwaipatti, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-03-2026 Heard the learned Senior counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rajepur P.S. Case No. 187 of 2024 registered for the offence
under Sections 109, 351(2), 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 fired at the victim, causing two gunshot injuries.
4. Learned Senior counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. Petitioner is in custody since 01.12.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.16251 of 2026(2) dt.19-03-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. There is sufficient
material available on record to connect the petitioner with the
crime.
7. Considering the direct allegation of firing against
the petitioner which has been supported by the Medical Report,
this Court is not inclined to grant regular bail to the petitioner.
Accordingly, this application for regular bail stands rejected for
the present.
8. If the prosecution delays the trial, the petitioner
may renew his prayer for bail.
(Sandeep Kumar, J)
Shishir/-
U T
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