Patna High Court
Akash Kumar @ Babua Singh @ Baua SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court did not grant bail but ordered the petitioner to seek regular bail from the lower court, subject to verification of the compromise’s genuineness.
Summary
The petitioner, Akash Kumar, applied for bail in a case registered under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that a scuffle broke out after the accused abused an informant, during which a shot was fired and the cartridge struck the petitioner himself. The petitioner claimed innocence, asserted that the parties had amicably settled the dispute, and submitted a compromise petition. The High Court noted that the petitioner had been in custody since 7 February 2026 and, without deciding on the merits, disposed of the bail application, directing him to approach the lower court for regular bail pending verification of the compromise’s genuineness. The Court warned that if the compromise is not genuine or not supported by the informant, appropriate legal action must follow.
Issues considered
- Whether bail can be granted to the petitioner pending trial on the basis of a compromise petition.
- Whether the compromise petition is genuine and supported by the informant.
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act precludes bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- compromise
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- high court
- Lakhisarai
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32001 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- LAKHISARAI District- Lakhisarai
======================================================
Akash Kumar @ Babua Singh @ Baua Singh S/O Late Om Prakash Singh
R/O Near Thana Chowk, Purani Bazar Lakhisarai, P.S. and Dist.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Prasad Singh
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection
withLakhisarai P.S. Case No. 71 of 2026 registered for the
offence punishable under Sections 126(2), 115(2), 109, 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27
of the Arms Act.
3. As per the prosecution case, the accused persons
were abusing the informant as a result of which a scuffle took
place and in that moment a shot was fired and the cartridge hit
the accused petitioner himself.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that both parties have amicably settled their
disputes, and a compromise petition has been filed before the
Court below. A copy of the aforesaid compromise is placed on
record as Annexure-P/2.
Patna High Court CR. MISC. No.32001 of 2026(2) dt.14-05-2026
2/2
5. The petitioner is in custody since 07.02.2026.
6. In these circumstances, the application is disposed
of with liberty to the petitioner to approach the Court below for
grant of regular bail. The Court below shall examine the
genuineness of the compromise petition. If the compromise is
found to be genuine and supported by the informant, the
petitioner, above named, be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Lakhisarai/ concerned Court in connection with
Lakhisarai P.S. Case No. 71 of 2026.
7. In the event the compromise is found to be not
genuine or is not supported by the informant, the Court below
shall pass an appropriate order in accordance with law.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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