Patna High Court
Utkarsh Kumar @ Kittu Kumar @ KittuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court held that anticipatory bail should be granted, subject to a bail bond, sureties, and conditions under Section 482(2) of the B.N.S.S, 2023.
Summary
The petitioner, Utkarsh Kumar, was implicated in a case (Hajipur Sadar P.S. Case No. 681 of 2025) involving alleged assault and firing of a pistol, as per the FIR under several sections of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that the informant was not injured by a bullet and that the allegations stemmed from a pre‑existing enmity. The State opposed anticipatory bail, citing the petitioner’s involvement in six criminal cases. The Court examined the evidence, noting that while firing was alleged, the bullet did not hit the informant and no direct charge linked the petitioner to the discharge. Considering the lack of concrete evidence and the petitioner’s pending cases, the Court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to verification of criminal antecedents and conditions under Section 482(2) of the B.N.S.S, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations of firing and assault.
- Whether the petitioner’s involvement in multiple pending criminal cases precludes the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 109, 115(2), 126(2), 329(4), 3(5), 351(2)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- firearms
- Section 27 Arms Act
- Section 482 CrPC
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32543 of 2026
Arising Out of PS. Case No.-681 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Utkarsh Kumar @ Kittu Kumar @ Kittu Son of Vishwnath Ray @
Bishwanath Rai Resident of Village- Lal Pokhar Chak Jagdishpur, P.S.- Sadar
Hajipur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 24-06-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Hajipur Sadar P.S. Case No. 681 of 2025 registered under
Sections 126(2), 115(2), 351(2), 329(4), 109 & 3(5) of B.N.S.
and under Section 27 of the Arms Act.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant to
the effect that all accused persons along with some others came
to the House of the informant. When the informant came out the
accused persons dragged him and started assaulting him. The
specific allegation of firing with a pistol has been leveled
against the petitioner, however, it has been stated in the First
Patna High Court CR. MISC. No.32543 of 2026(3) dt.24-06-2026
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Information Report that the informant somehow managed to
escape. It has further been alleged that all the accused persons
fled away from there after threatening the informant. The
informant sustained injuries for which he was treated at Sadar
Hospital Hajipur. Three empty cartridges were said to have been
recovered from the place of occurrence and it has further been
alleged in the First Information Report that there is a previous
enmity in between the parties.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case. He submits that as per the First Information
Report, although firing was made, however, the informant did
not suffer any injury and the bullet did not hit the informant. He
submits that there is an enmity in between the parties from
before and due to which the present false acquisitions have been
levelled against the petitioner. He submits that although the
petitioner is an accused in six cases, however, in three of the
cases final form have been submitted against him and in the
remaining two of the cases he is on bail. In Sadar P.S. Case No.
164 of 2025, he has not been granted bail as yet.
5. Per contra, the learned APP for the State opposes
the prayer for bail of the petitioner and submits that the
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petitioner is an accused in six cases and therefore, he does not
deserve the privilege of anticipatory bail from this Court.
6. Considering the rival submissions and after going
through the records, it appears that allegation of firing is there
against the petitioner, however, the bullet did not hit the
informant and apart from the above no allegation has been
leveled against the petitioner. Further, there is a dispute in
between the parties for which earlier Sadar P.S. Case No. 569 of
2024 was also lodged. It further appears that the informant
suffered some injuries on his back. Considering the above let the
petitioner above named petitioner, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks, be released on anticipatory bail in connection with
Hajipur Sadar P.S. Case no. 681 of 2025, on each of them
furnishing the bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court C.J.M. Vaishali at Hajipur subject to the
condition laid down under Section 482(2) of the B.N.S.S, 2023,
and subject to the following conditions:-
(1) That the learned court concerned shall verify the
criminal antecedent of the petitioners and in case at any stage, it
is found that the petitioners have concealed his criminal
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antecedent, the court concerned shall take step for cancellation
of bail bond of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
Pallavi/-
U T
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