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Patna High Court

Sandeep Kumar @ PahalwanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Sandeep Kumar, was charged under Sections 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing at an informant with two accomplices. He applied for regular bail, claiming innocence, delay in filing the FIR, absence of injury marks at the scene, and that he has been in custody since 01‑10‑2024. The State opposed the bail, emphasizing the seriousness of the offences. The court considered the facts, the lack of physical evidence, and the petitioner’s bail status in other cases, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with attempt to murder, criminal intimidation, and illegal possession of arms
  • Whether the delay in lodging the FIR and lack of physical evidence justify granting bail
  • Whether the petitioner’s prior criminal history and existing bail in other cases affect the bail decision

Legislation cited

Subjects

  • bail
  • attempt to murder
  • criminal intimidation
  • Arms Act
  • regular bail
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27012 of 2026
                   Arising Out of PS. Case No.-88 Year-2024 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Sandeep Kumar @ Pahalwan S/O Upendra Yadav Resident of Village-
                 Kabiyahi, Ward No. 11, P.S. Shankarpur, District- Madhepura
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Ruchi Mandal
                 For the Opposite Party/s :      Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   13-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Shankarpur P.S. Case

                   No. 88 of 2024 registered for the offences punishable under

                   Sections 307, 506/34 of the I.P.C. and Section 27 of the Arms

                   Act.

                                3. As per the prosecution case, it has been alleged that

                   when the informant was returning to his house, in the midst

                   thereof this petitioner along with two unknown persons who had

                   concealed their faces with clothes fired upon the informant. The

                   informant somehow ducked himself and hence he was saved.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It has further been alleged that there is delay in
             Patna High Court CR. MISC. No.27012 of 2026(3) dt.13-05-2026
                                                         2/2




                       lodging the FIR and the story as projected by the informant is an

                       improbable one. It has further been submitted that no marks of

                       violence were found at the place of occurrence. It has further

                       been submitted that petitioner is in custody since 01.10.2024.

                       Chargesheet has been filed and there is no allegation of

                       tampering against the petitioner. It has further been submitted

                       that although petitioner has been made accused in eleven other

                       cases but is on bail on those cases.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for bail of the petitioner.

                                    6. Considering the aforesaid submissions of the

                       parties and taking into account the facts and circumstance of the

                       case, let the petitioner above-named, be enlarged on bail on

                       furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       learned Court concerned, in connection with Shankarpur P.S.

                       Case No. 88 of 2024.

                                    7. The application stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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