Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond, sureties and conditions under the Cr.P.C. and the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners Kaushal Kumar, Bugan Paswan and Umesh Paswan were named in an FIR for assaulting an informant with the butt of a pistol and allegedly firing in the air, offences alleged under several sections of the Bhartiya Nyay Sanhita, 2023 and the Arms Act. They applied for anticipatory bail, arguing the incident was a mutual fight and that there was no intention to cause death, noting the informant was not medically examined. The State opposed the bail. The court examined the allegations, found the claim of assault with the butt of the pistol vague and noted the lack of medical evidence, and consequently ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioners to surrender within four weeks if arrested. The bail was granted with a bond of Rs.10,000 and two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of offences under the Bhartiya Nyay Sanhita and the Arms Act.
- Whether the alleged assault with the butt of a pistol indicates an intention to cause death, justifying denial of bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 329(3), 3(5), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- firearm
- Bhartiya Nyay Sanhita
- Arms Act
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28047 of 2026
Arising Out of PS. Case No.-678 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Kaushal Kumar S/o Bugan Paswan @ Sunil Paswan R/o Village - Bhore,
P.S.- Buniyadganj, District -Gaya jee.
2. Bugan Paswan @ Sunil Paswan Son of Late Sukhdeo Paswan R/o Village -
Bhore, P.S.- Buniyadganj, District -Gaya jee.
3. Umesh @ Kara Paswan @ Umesh Kumar Surhbansi @ Umesh Kumar
Dudhbanshi S/o Late Ganauri Paswan R/o Village - Bhore, P.S.-
Buniyadganj, District -Gaya jee.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Muffasil P.S. Case
No. 678 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 109, 352, 329(3) & 3(5) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’) and section 27 of the
Arms Act.
3. As per FIR, the petitioners came to the house of the
informant and suddenly started abusing, when it was protested
by the informant, he was assaulted on backside of his head by
using butt of pistol, which caused swelling on his head. It is
Patna High Court CR. MISC. No.28047 of 2026(2) dt.01-05-2026
2/3
alleged that the occurrence was reported to Helpline No. 112
whereafter these petitioners after opening fire in air fled away.
4. Learned counsel appearing on behalf of the petitioners
submitted that occurrence was free-fight in nature for which the
petitioners have also lodged a case which has been registered as
Muffasil P.S. Case No. 679/2025.
5. It is pointed out that informant nowhere appears to
disclose the name of the person who assaulted on his head from
backside and even if this allegation be accepted as correct, it can
be safely arrived to conclusion that the petitioners were not
under intention to cause his death for the reason that having all
occasion to open fire upon the head of the informant having
fire-arm in their hand, they chose to assault only by using butt
of the pistol, rather than open actual firing, which is sufficient to
gather that petitioners were not under intention to cause death of
the informant. It is pointed out that admittedly the informant
was not examined medically. Petitioners claimed clean
antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie even the allegation qua
Patna High Court CR. MISC. No.28047 of 2026(2) dt.01-05-2026
3/3
assaulting by butt of the pistol is appearing vague qua
petitioners, coupled with the fact that informant was not
examined medically, accordingly, above-named petitioners, in
the event of their arrest/surrender within a period of four weeks
from this order, are directed to be enlarged on bail on furnishing
of bail bond of Rs.10,000/- (ten thousand only) each with two
sureties of the like amount each to the satisfaction of learned
CJ.M., Gaya Ji/concerned court in connection with Muffasil P.S.
Case No. 678 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.