Patna High Court

Sanjeet Kumar @ Golu Kumar @ Gulu KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Sanjeet Kumar, was charged under sections 126(2), 118(1), 109 and 3(5) of the B.N.S. and section 27 of the Arms Act for allegedly firing at the son of an informant, causing a gunshot wound. The prosecution alleged that Anil Kumar instigated the act and that the petitioner fired the shot. The victim’s statement, however, indicated that another person, Avinash, initially fired, the petitioner only caught the victim, and a third person, Ashutosh Kumar, fired from the back. The petitioner’s counsel argued that the victim’s statement contradicts the FIR and that the petitioner is innocent, having been in judicial custody since 21‑04‑2025. The State opposed the bail. After considering the inconsistencies and the circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the B.N.S. and the Arms Act
Whether the victim’s statement creates reasonable doubt about the petitioner’s participation in the shooting

Legislation cited

Arms Act — s. 27
B.N.S. — s. 109, 118(1), 126(2), 3(5)

Subjects

regular bail
bail application
criminal procedure
Arms Act
B.N.S.
evidence
victim statement
FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3514 of 2026
                      Arising Out of PS. Case No.-236 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Sanjeet Kumar @ Golu Kumar @ Gulu Kumar S/O Late Shambhu Nath Ram
                 @ Late Shambhu Ram R/O Vill.- Nisarpura, P.s.- Naubatpur, District- Patna
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Samrendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   118(1), 109 and 3(5) of B.N.S. and Section 27 of the Arms Act.

                                3. The case of the prosecution is that Anil Kumar

                   instigated and on his instigation, the petitioner fired at the son

                   of the informant and due to which, gun shot hit in the left side

                   of his stomach.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of

                   the FIR, it is clear that informant is not the eye witness of this

                   alleged occurrence. During course of investigation, the victim ,
Patna High Court CR. MISC. No.3514 of 2026(2) dt.02-02-2026
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          namely, Vivek Kumar the son of the informant has given his

          statement in para-61 of the diary wherein he has stated that on

          the instigation of Anil, one Avinash has fired and he caught the

          pistol due to which he received firearm injury in his hand.

          After that, the petitioner caught him, the victim tried to escape

          him. From the back side, Ashutosh Kumar fired at him(victim).

          Learned counsel for the petitioner has stated that the statement

          of the victim clarifies that as to who has fired at him. Only

          allegation against this petitioner is that he has caught him and

          after that Ashutosh has fired from the back side of the

          informant’s son. The statement of the victim does not correlate

          with the FIR. Moreover, the petitioner is languishing in

          judicial custody since 21.04.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Naubatpur P.S. Case No. 236 of 2025 on furnishing bail bond

          of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned A.C.J.M.-VI,
            Patna High Court CR. MISC. No.3514 of 2026(2) dt.02-02-2026
                                                        3/3




                      Danapur.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T

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