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Patna High Court

Akash Kumar @ Babua Singh @ Baua SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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