Patna High Court
Lucky Kumar Ojha @ Lucky Kumar @ Lucky OjhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The petition for bail is allowed, and the petitioner is granted bail subject to specified conditions.
Summary
Lucky Kumar Ojha was arrested in connection with a police case (No.337 of 2024) alleging offences under several sections of the Bihar Narcotic Substances (B.N.S.) Act, 2023 and Section 27 of the Arms Act, including a gunshot injury to an informant. The petitioner contended that he was falsely implicated, asserting that the informant had fired first during a dispute over waste dumping and that the petitioner’s side’s retaliatory fire accidentally hit the informant, which he claimed was a counter‑FIR to a case lodged by his side. He further stated that he had no prior criminal record and had not previously applied for anticipatory or regular bail. The State opposed the bail application. The Court, after considering the facts and the counter‑case, granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S. Act, including cancellation of bail if criminal antecedents or false statements were discovered.
Issues considered
- Whether the petitioner is entitled to bail in the pending criminal case despite the serious nature of the offences alleged.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 125, 126(2), 329, 3(5), 351, 352
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Section 482
- counter FIR
- anticipatory bail
- B.N.S. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16367 of 2026
Arising Out of PS. Case No.-337 Year-2024 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Lucky Kumar Ojha @ Lucky Kumar @ Lucky Ojha S/O Satyendra Ojha
Resident of village- Mishra ke Mora, P.S.- Morakhas, District- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Alam, Advocate
For the State : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Bhagwanpur Hat P.S. Case No. 337 of 2024
dated 13.08.2024, registered for the offences punishable under
Sections 126(2), 115(2), 329, 125, 109, 352, 351 and 3(5) of
B.N.S., 2023 and Section 27 of the Arms Act.
3. As per allegation, the petitioner has caused gunshot
injury in the left arm of the informant.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, there was
altercation between the informant and the petitioner’s side in
regard to dumping of household waste in which it was the
Patna High Court CR. MISC. No.16367 of 2026(2) dt.25-03-2026
2/3
informant himself who fired at the petitioner’s side, but in
course of effort of the petitioner’s side to save themselves, that
fire hit the informant himself. He further submits that in regard
to the occurrence, the petitioner’s side has lodged one
Bhagwanpur Hat P.S. Case No. 336 of 2024. He also submits
that the present FIR is a counterblast to the FIR lodged by the
petitioner’s side.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the case and counter case, this petition
is allowed, directing the petitioner, above-named, to be
enlarged on bail, in the event of his arrest or surrender before
the court below within a period of eight weeks from the date of
receipt / production of a copy of this order, on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Bhagwanpur Hat
Patna High Court CR. MISC. No.16367 of 2026(2) dt.25-03-2026
3/3
P.S. Case No. 337 of 2024, subject to the conditions as laid
down under Section 482 (2) of the B.N.S.S 2023, and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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