Patna High Court
Gayanendra Kumar @ LaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Gayanendra Kumar, was arrested on 24‑12‑2025 in connection with FIR No. 833/2025 alleging offences under Sections 190, 191(2), 191(3), 109(1), 292 of the B.N.S and Section 27 of the Arms Act. The FIR originally did not name him, but his name emerged during investigation and he later confessed, claiming that co‑accused Suraj Kumar fired the shot that injured the victim’s left leg. The petitioner asserted a clean criminal antecedent and highlighted that the victim’s statement had not been recorded by the police. The State opposed bail, citing the seriousness of the charges and the confession. The Court, considering the clean antecedent, lack of vital‑body injury, and procedural gaps, ordered the petitioner’s release on bail with a bond of Rs.10,000 and three conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite his confession and the serious nature of the offences charged under the B.N.S and Arms Act
- Whether the absence of the victim’s statement and the petitioner’s clean antecedent justify bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S
- confession
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21296 of 2026
Arising Out of PS. Case No.-833 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Gayanendra Kumar @ Lali S/o- Vimlesh Rai @ Vimlesh Ray Resident of
Perhap P.S- Sahar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr.Ravindra Kumar, learned counsel for the
petitioner and Mr.Nagendra Prasad, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
24.12.2025 in connection with Ara Nawada P.S. Case No. 833
of 2025, F.I.R. dated 23.12.2025 registered for the offence
punishable under Sections 190,191(2),191(3),109(1),292 of
BNS and Section 27 of Arms Act.
3. Specific allegation against co-accused person,
namely, Suraj Kumar is that he started firing and one of the gun
shot hit on left leg of victim Ankit Kumar. Petitioner also
participated in alleged offence and present on the place of
occurrence.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Initially the
Patna High Court CR. MISC. No.21296 of 2026(2) dt.31-03-2026
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petitioner was not named in the FIR. The name of the petitioner
has been transpired during investigation. Thereafter, the
petitioner has confessed his guilt in the present occurrence but
he has stated that co-accused person, namely, Suraj Kumar has
fired upon the victim and from a bare perusal of the FIR it
appears that the victim has received the firearm injury in his left
leg which is not the vital part of the body and till date the
prosecution has not taken the statement of the injured person
and Aryan Kumar, who was accompanied with the injured
person, and the police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 24.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Bhojpur at Ara in connection
with Ara Nawada P.S. Case No. 833 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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