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Patna High Court

Pappu PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Pappu Prasad was arrested in connection with a shooting incident in which Upendra Kumar was injured in the leg. He faced charges under several sections of the BNS and Section 27 of the Arms Act. The petitioner sought regular bail, arguing innocence, lack of repeated firing, and that the injury was non‑grievous as per the medical report. The State opposed the bail application. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to be released on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious charges under the BNS and Arms Act.
  • Whether the nature of the injury (non‑grievous) and lack of repeated firing justify bail.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 109(1), 115(2), 118(1), 118(2), 126(2), 190, 191(2), 191(3)

Subjects

  • regular bail
  • criminal procedure
  • Arms Act
  • BNS
  • non‑grievous injury
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24759 of 2026
                        Arising Out of PS. Case No.-871 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Pappu Prasad Son of Ratan Prasad Resident of Village- Bihari Road,
                 Mahadev Sthan, Hilsa, P.S.- Hilsa, District- Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bishwa Bijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 190, 191(2),

                   191(3), 126(2), 115(2), 118(1), 118(2) and 109(1) of BNS and

                   Section 27 of the Arms Act.

                                3. The case of the prosecution is that the petitioner has

                   fired at Upendra Kumar which hit in his right leg.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is no

                   allegation of repetition of firing and that the firing was not made

                   on vital part of the injured. It has also been submitted that from

                   perusal of the injury report, it will transpire that the doctor has
            Patna High Court CR. MISC. No.24759 of 2026(2) dt.16-04-2026
                                                        2/2




                      opined that the type of injury is non-grievous. Moreover, the

                      petitioner is languishing in judicial custody since 21.12.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Hilsa P.S. Case No. 871 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned District and Additional

                      Sessions Judge-VI, Hilsa (Nalanda).



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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