Patna High Court
Banti KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Banti Kumar, sought bail in a case registered as Amas P.S. Case No. 157 of 2025, alleging offences under Sections 103, 238 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with two others, fled the scene of a shooting, with one co‑accused found carrying a small weapon, while the petitioner was seen removing blood from the floor. The petitioner’s counsel argued that he was not an eyewitness, had no weapon, and that the primary accusation was against the co‑accused who had already been granted bail in a similar case; he also highlighted the petitioner’s clean record and prolonged pre‑trial detention since 23‑05‑2025. The State opposed bail, contending the seriousness of the offences. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under the B.N.S. and Arms Act.
- Whether the presence of a co‑accused with a weapon and the petitioner’s alleged involvement justify denial of bail.
- Whether the precedent of bail granted to a similarly situated co‑accused influences the petitioner’s bail application.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- pre‑trial detention
- no prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28255 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- AMAS District- Gaya
======================================================
Banti Kumar S/o Late Umesh Manjhi @ Umesh Rikiyasan R/o Village -
Sawkala Bangla Par, P.S - Amas, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Amas P.S. Case No. 157 of 2025 registered for the offence
punishable under Sections 103, 238 and 3(5) of B.N.S. and
Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner
along with others was having talks with the son of the informant
Chandan Kumar (deceased). Meanwhile, the informant heard
some sound of firing when she went there, she found that
petitioner along with two others was fleeing away. Ravindra
Paswan, Sujit Kumar and Bipin Kumar were fleeing away and
Ravindra Paswan was having a small weapon in his hand which
he was putting in his waist. When she went to the house of this
Patna High Court CR. MISC. No.28255 of 2026(2) dt.19-06-2026
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petitioner, she found that her son was lying in the pool of blood
and the petitioner was trying to remove the blood from the floor.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. Learned counsel for the petitioner has
submitted that from perusal of the F.I.R., it is clear that the
informant is not the eye witness of this case. She has heard the
sound of firing and has gone towards the place of occurrence
where she saw co-accused Ravindra Paswan, Sujit Kumar and
Bipin Kumar fleeing away from there and has seen Ravindra
Paswan with the small weapon. He has further been submitted
that the petitioner was not seen with any weapon. Only
allegation against him is that he was removing the blood from
the floor. It has further been submitted that main thrust of
allegation is against Ravindra Paswan who was having a small
weapon. It has further been submitted that similarly situated co-
accused Sujit Kumar has been granted bail by this Court vide
Cr. Misc. No. 7335 of 2026. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
23.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
Patna High Court CR. MISC. No.28255 of 2026(2) dt.19-06-2026
3/3
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-III, Sherghati, Gaya in
connection with Amas P.S. Case No. 157 of 2025.
(Ashok Kumar Pandey, J)
Sneha/-
U T
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