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Patna High Court

Gayanendra Kumar @ LaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
               Patna High Court CR. MISC. No.21296 of 2026(2) dt.31-03-2026
                                                           3/3




                         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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