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Patna High Court

Utkarsh Kumar @ Kittu Kumar @ KittuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.32543 of 2026(3) dt.24-06-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.32543 of 2026(3) dt.24-06-2026
                                                        4/4




                      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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