Patna High Court
Govind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
The petitioner, Govind Kumar, was implicated in a case (PS Case No. 214 of 2025) for alleged assault and firing at an informant, alleged to be offences under Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The informant claimed that four youths on scooters demanded his mobile phone, assaulted him, and that Govind Kumar fired three rounds, one of which struck the informant. The petitioner argued he is a young man with no prior criminal record and no enmity with the informant. The State sought to prove the petitioner’s identification as the shooter. After hearing both sides, the Court held that the anticipatory bail application should be rejected and directed the petitioner to seek regular bail, praising the petitioner’s counsel for their assistance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of assault and firing under the B.N.S. and Arms Act.
- Whether there is sufficient material to identify the petitioner as the person who fired the weapon.
Legislation cited
Subjects
- anticipatory bail
- bail
- identification
- assault
- firearms
- Section 27 Arms Act
- B.N.S. Sections 109 and 3(5)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17132 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- Marnga District- Purnia
======================================================
Govind Kumar S/o- Pramod Tatma R/v- Sisiya Bisaria Ps- Kadwa Dist-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Anand, Advocate
: Ms. Aastha Prakash, Advocate
: Ms. Kanupriya, Advocate
For the State : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Maranga P.S. Case No. 214 of 2025 registered
for the offence punishable under Sections 109 and 3(5) of the
B.N.S. and section 27 of the Arms Act, lodged on 18.06.2025 by
the informant Md. Manir.
3. As per the prosecution story, the informant alleged
that:
“(i) On 17.06.2025, between 11:30 AM and
12:30 PM, he was returning home from filed near
Shiv Mandir, Gudmilki.
(ii) While walking on the NH-31, four young
men riding on two scooters suddenly came from
Patna High Court CR. MISC. No.17132 of 2026(2) dt.25-03-2026
2/3
both sides of the road and demanded his mobile
phone.
(iii) When the informant refused to
hand over the mobile the accused physically
assaulted him. The informant attempted to run
away at which point one of the accused,
identified as Govind Kumar allegedly fired three
rounds at him one of which stuck him on the
waist and passed his body.
(iv) It is further alleged that the other
three persons involved in the incident remain
unidentified. After being hit by the bullet, the
informant went home and along with his friend
Mahesh Kumar and his brother was taken to
GMCH, Purnia for medical treatment.”
4. Learned counsel for the petitioner submits that he
is a young boy having no criminal antecedent and there is also
no enmity but stands implicated.
5. Learned State counsel on the other hand has taken
this Court to the F.I.R. to show that the petitioner reconise the
person who allegedly assaulted/opened fire.
6. Considering the submissions of the parties, it
Patna High Court CR. MISC. No.17132 of 2026(2) dt.25-03-2026
3/3
would be appropriate that the petitioner seek bail, the
anticipatory bail application stands rejected.
7. This Court would like to put on record the words of
appreciation for Mr. Abhishek Anand, learned counsel
representing the petitioner for the proper assistance rendered in
the matter.
(Rajiv Roy, J)
vinayak/-
U T
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