Patna High Court
Gazni @ Rahul @ Rahul kumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is to be enlarged on bail in the case.
Summary
The petitioner, Gazni (Rahul) Kumar, was arrested in connection with a FIR alleging that he and five others assaulted an informant with a firearm, snatched his mobile phone and fired bullets. He contended that the allegations were false, general and omnibus, and that he had been falsely implicated. The co‑accused, Rakesh Choudhary, had already been released on bail, and the petitioner had been in custody for over eight months since 12 August 2025 with a chargesheet filed. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act. The Court, noting the general nature of the FIR, the precedent of bail to the co‑accused and the prolonged pre‑trial detention, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order thus granted bail to the petitioner in the Sessions Trial No. 138 of 2026.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the general and omnibus character of the FIR and the prolonged pre‑trial custody justify bail.
- Whether the bail granted to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 127(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- arms act
- false implication
- general FIR
- prolonged custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24036 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- Babarganj District- Bhagalpur
======================================================
Gazni @ Rahul @ Rahul kumar Son of Late Chandrika Sharma@ Chandrika
Sah R/O Hasanganj Road, Mirjanhat, Kutubganj, P.S.- Babarganj, Dist.-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate
Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Babarganj P.S. Case no.
49 of 2025 registered under sections 126(2), 127(2), 115(2),
109, 190, 191(2) and 191(3) of the Bharatiya Nyaya Sanhita,
2023 and section 27 of the Arms Act, 1959.
3. As per the prosecution case, the informant states
that six accused persons on two motorcycles of which the
informant names four accused including the petitioner herein as
also one Rakesh Choudhary are said to have assaulted the
informant on the point of a gun. On the informant making an
attempt to escape and raising hulla, the accused snatched the
Patna High Court CR. MISC. No.24036 of 2026(2) dt.16-04-2026
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mobile phone of the informant and fired two rounds of bullet
which however narrowly missed the informant. Two more
rounds were fired in the air and the accused persons managed to
flee away.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No such occurrence
as alleged in the FIR has taken place. The allegations are general and
omnibus in nature. Co-accused Rakesh Choudhary has been enlarged
on bail vide order dated 13.1.2026 passed in Cr. Misc. no. 80700 of
2025. The petitioner is in custody since 12.8.2025 and chargesheet
has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the allegations being general and omnibus in nature,
grant of bail to co-accused Rakesh Choudhary vide order dated
13.1.2026 and the petitioner having remained in custody for
over eight months since 12.8.2025, the Court directs the petitioner
to be enlarged on bail in connection with Sessions Trial no. 138 of
2026 arising out of Babarganj P.S. Case no. 49 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.24036 of 2026(2) dt.16-04-2026
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the like amount each to the satisfaction of the learned District &
Additional Sessions Judge-XV, Bhagalpur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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