Patna High Court
Aman Kumar @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Aman Kumar, was charged under Sections 115(2), 127(1), 109, 3(5) of the Bihar Negotiable Sale Act and Section 27 of the Arms Act for allegedly assaulting an informant with the butt of a pistol, causing a fracture, and later attacking the informant's house where a minor nephew sustained a simple injury. The petitioner claimed innocence, arguing that no injury report was produced and there was no intention to cause death, and highlighted his bail status in two prior cases. The State opposed the bail, emphasizing the specific allegation of assault with a firearm. The court considered the nature of the allegations, the period of custody since 22.01.2026, and the submission of the charge sheet. It ordered the petitioner’s release on bail with a bond of Rs.10,000, two sureties, and conditions under Section 480(3) of the B.N.S.S., including presence in court and cancellation upon violation.
Issues considered
- Whether bail should be granted to the petitioner accused of assault with a pistol and offences under the B.N.S. and Arms Act.
- Whether the absence of an injury report and lack of intent to cause death affect bail eligibility.
Legislation cited
Subjects
- bail
- assault
- arms act
- criminal procedure
- Bihar
- section 480(3)
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25589 of 2026
Arising Out of PS. Case No.-348 Year-2024 Thana- BACHHWARA District- Begusarai
======================================================
Aman Kumar @ Ranjan Kumar S/o Late Arjun Choudhary R/o Village -
Godhna, Ward No- 10, Police Station - Bachhwara, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bachhwara P.S. Case No. 348 of 2024
registered for the alleged offences under Sections 115(2),
127(1), 109, 3(5) of BNS and Section 27 of the Arms Act.
03. As per prosecution case, the petitioner and other
co-accused persons assaulted the informant and when the
informant opposed, this petitioner hit on his head with the butt
of pistol causing its fracture. Sometime thereafter, on the same
day, the petitioner and other co-accused persons attacked the
house of the informant and resorted to firing and one such shot
hit to the minor nephew of the informant on his head.
Patna High Court CR. MISC. No.25589 of 2026(2) dt.17-04-2026
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Only specific allegation against the petitioner is that he is
said to have hit the informant on his head with the butt of his
pistol but no injury report of the informant has been brought on
record. From the allegation made in the FIR, it is apparent that
there was no intention to cause death of any person, however, no
injury has been caused. Even the nephew of the informant
received simple injury and the allegation for causing injury is
non-specific. The petitioner is having antecedent of two cases
and in both the cases he is on bail. The petitioner is in custody
since 22.01.2026 and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the specific
allegation against the petitioner is of assaulting the informant on
his head with the butt of the pistol.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation against the petitioner, period of custody and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.25589 of 2026(2) dt.17-04-2026
3/3
each to the satisfaction of learned Additional Chief Judicial
Magistrate, Begusarai/concerned Court in connection with
Bachhwara P.S. Case No. 348 of 2024, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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