Patna High Court
Sumit Kumar @ Vikki SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court ordered the petitioner to seek regular bail from the lower court, subject to verification of the compromise's genuineness.
Summary
The petitioner, Sumit Kumar, applied for bail in a case registered under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging that a scuffle led to a shot being fired which injured him. The prosecution contended that the petitioner was involved in the altercation, while the petitioner claimed innocence and asserted that the parties had amicably settled the dispute, filing a compromise petition. He has been in custody since 11 February 2026. The High Court, after hearing counsel, declined to grant bail directly but permitted the petitioner to approach the lower court for regular bail, directing that the lower court examine the genuineness of the compromise and, if satisfied, release him on bail with specified bond conditions. If the compromise is found not genuine, the lower court is to pass an appropriate order as per law.
Issues considered
- Whether bail can be granted in view of a compromise between the parties
- Whether the compromise petition is genuine and can be relied upon for bail
- Applicability of bail provisions for offences under the Bharatiya Nyaya Sanhita and the Arms Act
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
- settlement
- lower court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34705 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- LAKHISARAI District- Lakhisarai
======================================================
Sumit Kumar @ Vikki Sinha Son of Late Braj Kishor Sinha Resident of
Village- Karyanand Nagar Near Govind Bhavisya Bharti School, P.S.-
Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 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
Patna High Court CR. MISC. No.34705 of 2026(2) dt.03-07-2026
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further submitted that both parties have amicably settled their
disputes, and a compromise petition has been filed before the
Court below.
5. The petitioner is in custody since 11.02.2026.
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 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.
(Sandeep Kumar, J)
Vikas/-
U
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