Laxmi RautversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.30418 of 2026
                    Arising Out of PS. Case No.-184 Year-2025 Thana- HASANPUR District- Samastipur
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                 Laxmi Raut S/O Late Vishun Mahto @ Late Vishun Raut Resident of Village-
                 Sihi, Ward No. 8 Tole Pirauna, P.S.- Hasanpur, District- Samastipur (Bihar).
                                                                                  ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Madhav Kumar, Advocate
                 For the Opposite Party :         Mr. Aditya Narayan Singh.1, APP
                 For the Informant      :         Mr. Shashank Shekhar, Advocate
                                                  Ms. Mili Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   24-06-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State as well as learned counsel for the informant.

                               2. The petitioner seeks regular bail in connection with

                   Hasanpur P.S. Case No. 184 of 2025, dated 25.09.2025,

                   registered for the offence under Sections 103(1) and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

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

                   on 24.08.2025, at around 08:00 PM, when the brother of the

                   informant, namely, Surendra Kumar, was closing his shop, this

                   petitioner along with five named accused persons and one

                   unknown person came at the place of occurrence waiving their

                   respective pistols, pursuant to which, co-accused Pankaj Kumar

                   fired the first shot, which hit on the back of the brother of the

                   informant, while second shot was fired by co-accused Anshul
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          Kumar, the third shot was fired by co-accused Tejo Mahto and

          Pankaj Kumar, which hit on the head. It has further been alleged

          that thereafter co-accused Anshul Kumar and Arjun Kumar

          resorted to indiscriminate firing, thereafter this petitioner and

          co-accused Suman Kumar also fired resulting into the death of

          the deceased brother of the informant.

                       4. Learned counsel appearing for the petitioner has

          submitted that as per the allegation, two shots fired by co-

          accused Tejo Mahto and Pankaj Kumar had hit on the back and

          head of the deceased. It has further been submitted that it has

          been alleged that the firing was made by this petitioner, but it is

          not mentioned in the FIR that it hit on any part of the body. It

          has further been submitted that as per the prosecution case itself,

          six assailants were there, but the postmortem report would go to

          show that the autopsy surgeon has found one entry injury on the

          chest and one injury on leg, while the cause of death has been

          opined as respiratory failure due to haemotoma (blood

          collected in the left chest). It has further been submitted that

          there is no allegation of firing upon the chest by the petitioner. It

          has further been submitted that the petitioner is in custody since

          27.09.2025 and has got no criminal antecedents, charge-sheet

          has been submitted in this case and there is no allegation of
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                    tampering against the petitioner.

                                 5. Learned A.P.P. for the State as well as learned

                    counsel for the informant vehemently opposed the prayer for

                    regular bail of the petitioner and submitted that there is

                    allegation of firing against the petitioner and the petitioner took

                    active part in the commission of the offence.

                                 6. Heard learned counsel for the parties and perused

                    the record.

                                 7. Considering the facts and circumstances of the

                    case, let the, above named, petitioner be released on bail on

                    furnishing bail bond of Rs. 10,000/- (ten thousand) with two

                    sureties of the like amount each to the satisfaction of learned

                    District and Additional Sessions Judge-I, Rosera (Samastipur),

                    in connection with Hasanpur P.S. Case No. 184 of 2025.

                                 8. The application stands allowed accordingly.



                                               (Praveen Kumar, J)
Pawan/-

U     T