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Patna High Court

Govind KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
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                            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
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                      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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