Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioner is to be released on bail subject to the conditions of Section 438(2) CrPC.
Summary
The petitioner, Sahil Kumar, feared arrest in a case (Madhuban P.S. Case No. 290 of 2024) alleging offences under Sections 238 and 3(5) of the Bhartiya Nyaya Sanhita and Sections 25, 9 and 27 of the Arms Act, where the deceased was said to have been killed in celebratory firing. The prosecution alleged the petitioner was present at the incident, but the petitioner contended he was innocent and that no specific allegation of firing was made against him. The court noted the absence of any specific charge linking the petitioner to the firing. Consequently, the bail application was allowed. The court ordered that, if arrested or surrendered within six weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- Whether bail should be granted to the petitioner in the absence of a specific allegation against him under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the provisions of Section 438(2) of the Code of Criminal Procedure, 1973 are applicable in the present case.
Legislation cited
- Arms Act — s. 25, 27, 9
- Bhartiya Nyaya Sanhita — s. 238, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- Arms Act
- celebratory firing
- Section 438 CrPC
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22743 of 2026
Arising Out of PS. Case No.-290 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
Sahil Kumar Son of Mahavir Sahani @ Mahabir Sahni Resident of Village -
Hardia (Bara Hardiya), P.S. - Madhuban, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the State : Mr.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Madhuban P.S. Case No. 290 of 2024 instituted under Sections
238, 3(5) of the Bhartiya Nyaya Sanhita and Section 25, 9, 27 of
the Arms Act.
3. As per the prosecution case, the deceased was
killed in celebratory firing. The petitioner is said to be present
there.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.22743 of 2026(2) dt.30-04-2026
2/2
case. He further submits that there is no specific allegatoin of
firing against the petitioner.
5. Considering the fact that there is no specific
allegation against the petitioner, this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, East Champaran, Motihari in connection
with Madhuban P.S. Case No. 290 of 2024, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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