Patna High Court
Bhushan Kumar @ Bhushan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Bhushan Kumar, was arrested in connection with a case registered under multiple sections of the Bihar Police Act, 2023 and Section 27 of the Arms Act for allegedly firing at Sintu Kumar, causing a simple abdominal injury. The petitioner claimed the incident arose from a land dispute and that the FIR named seven accused and 25 unknown persons, with his alleged act being a single shot while the victim was fleeing. He had been in custody since 11 January 2026, had no prior criminal record, and a charge‑sheet had already been filed. The State opposed bail, but the court considered the nature of the injury, the petitioner’s lack of antecedents, and the filing of the charge‑sheet. Accordingly, the court ordered bail on the condition of a Rs.10,000 bond with two sureties. The bail was granted pending further trial.
Issues considered
- Whether bail should be granted to the petitioner under the listed sections of the Bihar Police Act, 2023 and the Arms Act given the nature of the alleged offence and the simple injury caused.
Legislation cited
- Arms Act — s. 27
- Bihar Police Act, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 329(3), 352
Subjects
- bail
- criminal procedure
- simple injury
- land dispute
- Arms Act
- Bihar Police Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33713 of 2026
Arising Out of PS. Case No.-239 Year-2024 Thana- BIHRA District- Saharsa
======================================================
Bhushan Kumar @ Bhushan Yadav S/O Late Subhash Yadav @ Late Kari
Yadav R/O Vill.- Bishanpur, Ward no. 9, P.S.- Bihra, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Bihra P.S. Case no.239 of 2024
registered under Section 329(3), 191(2), 191(3), 190, 126(2),
115(2), 117(2), 109, 352, of BNS 2023 and under Section 27 of
the Arms Act.
3. The allegation against the petitioner that he
resorted to firing upon one Sintu Kumar which hit him on his
abdomen.
4. Learned counsel for the petitioner submitted that
that the FIR was lodged against 7 accused persons and 25
unknown persons with different allegations. It is further
submitted that the allegation on the petitioner is that he had
Patna High Court CR. MISC. No.33713 of 2026(3) dt.11-06-2026
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resorted to firing which hit the one Sintu Kumar on his abdomen
while he was trying to escape. It is further submitted that there is
a land dispute between the parties and there is case and counter
case between them. It is further pointed out that the injured
Sintu Kumar has sustained simple injury as would be evident
from injury report Annexure-P/4. Further, the petitioner is in
custody since 11.01.2026, with no criminal antecedent and
charge-sheet has been submitted.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that the
simple injury has been caused with whom the petitioner is
connected, coupled with the fact that charge-sheet has already
been submitted, let the petitioner above-named be enlarged on
bail in connection with Bihra P.S. Case no.239 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is pending/successor
Court.
(Soni Shrivastava, J)
Trivedi/-
U
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