Patna High Court
Aditya Kumar @ BandraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner, holding that the nature and gravity of the allegations preclude its grant at this stage.
Summary
The petitioner, Aditya Kumar, applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, alleging that he was involved in an armed dispute that resulted in a firearm injury to the informant. The prosecution contended that the petitioner was one of six accused who surrounded the informant and that a shooting caused the injury. The petitioner claimed innocence and argued that he had been in custody since 1 December 2025 without sufficient evidence. The State opposed bail, asserting that the allegations were serious and that prima facie material linked the petitioner to the offence. The Court, considering the gravity of the charges, declined to grant regular bail, stating that the petitioner could reapply if the trial is delayed. The order emphasized that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted to the petitioner given the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the prosecution has established prima facie evidence sufficient to deny bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118, 122, 126(2), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- Arms Act
- serious offences
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19819 of 2026
Arising Out of PS. Case No.-550 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Aditya Kumar @ Bandra Son of Sri Kamlesh Kumar Resident of Chhoti
Mandir, Simli Sahdara, P.S.- Malsalami, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha
For the Opposite Party/s : Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Malsalami P.S. Case No. 550 of 2025 registered for the offence
under Sections 126(2), 115(2), 118, 122, 109(1), 352, 351(3)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27
of the Arms Act. Subsequently, Sections 25(1-b)a, 26 and 35 of
the Arms Act were added.
3. As per the prosecution case, over a dispute between
the parties, the informant states that six named accused persons
including the petitioner herein came variously armed and
surrounded him. As a result of firing resorted to by Prahlad
Kumar, the informant sustained firearm injury in his chest.
Thereafter, all the accused persons ran away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.19819 of 2026(2) dt.31-03-2026
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petitioner is innocent and has not committed any offence.
Petitioner is in custody since 01.12.2025.
5. Learned counsel for the State vehemently opposes
the bail application and submits that the allegations against the
petitioner are serious and grave in nature. It is contended that
there exists prima facie material against the petitioner indicating
his involvement in the commission of the offence.
6. Considering the nature and gravity of the
allegations, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
rejected. If the trial is delayed by the prosecution, the petitioner
may renew his prayer for bail.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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