Patna High Court
Ajit Kumar @ Anjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner as the allegations against him are not specific and he has a clean antecedent.
Summary
The petitioner, Ajit Kumar, sought bail in a case where he was alleged, along with co‑accused, to have fired indiscriminately and caused injuries and death during a dispute over harvested crops. The FIR lists several offences under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Arms Act, but the petitioner's counsel argued that the accusations against him are vague and not tied to any specific overt act, noting his clean antecedent. The State opposed bail, contending the seriousness of the charges. The court examined the nature of the allegations, the lack of specific charge against the petitioner, and his clean record, and concluded that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail when the FIR contains only general allegations against him and specific charges are directed at co‑accused.
- Whether the petitioner’s clean antecedent and the circumstances of the case justify the grant of bail despite the seriousness of the offences alleged.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 482(2)
Subjects
- bail
- criminal procedure
- general allegation
- specific charge
- clean antecedent
- BNSS
- Arms Act
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1992 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- KARPI District- Arwal
======================================================
Ajit Kumar @ Anjit Kumar Son of Virodhi Yadav @ Birodhi Yadav Resident
of Village- Budhu Bigha, P.S.- Karpi, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 191(2), 190, 191(3),
126(2), 115(2), 118(1) and 103(1) of B.N.S., 2023 as well as
under Sections 25(1-b)a, 26 and 27 of the Arms Act.
3. As per prosecution case, the informant and his
family members were harvesting crops in their field, in the
meantime, all the accused persons named in the F.I.R. including
this petitioner armed with lathi, danda, pistol, came and started
firing indiscriminately. It is further alleged that accused
persons also assaulted the informant’s uncle by means of lathi as
a result of which informant’s uncle sustained injury in his palm.
It is further alleged that during course of indiscriminate firing,
Patna High Court CR. MISC. No.1992 of 2026(2) dt.11-02-2026
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the bullet fired from the desi katta of co-accused Bimlesh
Kumar @ Ankit Kumar hit the informant’s father, as a result of
which informant’s father sustained gun shot injury below his
right shoulder and informant’s father fell down . Thereafter, co-
accused Bimlesh Kumar @ Ankit Kumar assaulted the
informant’s father upon his head, as a result of which,
informant’s father died.
4. It is submitted on behalf of the petitioner that as per
F.I.R. it is apparent that specific accusation of assault is against
other co-accused person namely , co-accused Bimlesh Kumar @
Ankit Kumar. So far as this petitioner is concerned, allegation
is general and omnibus against him. No specific allegation of
overt act is alleged against him. Petitioner claims clean
antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the fact that specific accusation is
against other co-accused persons, materials available on record,
clean antecedent of this petitioner and other circumstances of
the case , in the event of arrest or surrender within eight weeks
from today, let the petitioner, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(ten thousand) with
Patna High Court CR. MISC. No.1992 of 2026(2) dt.11-02-2026
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two sureties of the like amount each to the satisfaction of the
learnedDistrict and Additional Sessions Judge – Ist Arwal in
connection with Karpi P.S. Case No. 62 of 2025 , subject to the
conditions laid down under section 482 ( 2 ) of the Bharatiya
Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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