Patna High Court
Nirdosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Nirdosh Kumar, was arrested in connection with an incident where two gunmen opened fire at a shop, injuring the father of a shopkeeper. The FIR alleges the petitioner committed offences under sections 126(2), 115(2), 109(1), 118(2), 3(5) of the Bihar Penal Code and Section 27 of the Arms Act, but the petitioner claims the actual firing was done by co‑accused Zafran. He has no prior criminal record and has been in judicial custody since 1 February 2026. The State opposed his bail, while the petitioner’s counsel argued the evidence points to the co‑accused and the injury was minor. After hearing both sides, the court found the allegations insufficient to deny bail and ordered the petitioner released on regular bail upon furnishing a bond with sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bihar Penal Code and Arms Act.
- Whether the FIR and evidence sufficiently link the petitioner to the alleged firing.
- Whether the nature of the injury and the petitioner’s clean record justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Penal Code — s. 109(1), 115(2), 118(2), 126(2), 3(5)
Subjects
- regular bail
- bail application
- Bihar Penal Code
- Arms Act
- no criminal antecedent
- co‑accused
- injury
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24790 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Nirdosh Kumar S/o Uday Kumar Das Resident of Village - Madanpur, P.S. -
Chakmehsi, District - Samastipur, At Present Punjabi Coloney, Gali No. 1,
Police Station - Town, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 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 126(2),
115(2), 109(1), 118(2) and 3(5) of BNS and Section 27 of the
Arms Act.
3. The case of the prosecution is that the informant
has gone on the shop of one Golu. Golu and his father were
present there. The informant was talking with his friend,
meanwhile, two persons on a bike arrived and started firing.
One of them was apprehended and he was identified as the
petitioner. This petitioner has disclosed that one co-accused
Zafran has made firing.
Patna High Court CR. MISC. No.24790 of 2026(2) dt.18-04-2026
2/2
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 from perusal of the
FIR itself, it is clear that the allegation of firing is on co-accused
Zafran. Learned counsel has submitted that in any view of the
matter, the nature of injury is simple and the gun shot has hit in
elbow of the father of Golu. Moreover, the petitioner is
languishing in judicial custody since 01.02.2026 having no
criminal antecedent.
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
Muffasil P.S. Case No. 50 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM-IInd, Samastipur.
(Ashok Kumar Pandey, J)
shubham/-
U T
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