Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner.
Summary
Vinay Kumar was arrested in connection with a scuffle during which he and others allegedly fired indiscriminately, injuring an informant. He faced charges under Sections 191(2), 191(3), 190 and 109 of the BNS, 2023 and Section 27 of the Arms Act. The petitioner, in custody since 17‑03‑2026, applied for bail, arguing that the allegations were general and omnibus. The Additional Public Prosecutor opposed bail, but the Court, noting the nature of the allegations and the period of custody, decided to grant bail. The Court ordered release on a bail bond of Rs.10,000 with two sureties, emphasizing that its observations were prima facie and not a determination on the merits.
Issues considered
- Whether bail should be granted despite a general and omnibus allegation of firing under the BNS, 2023 and Arms Act.
- Whether the nature of the offences and period of custody justify denial of bail.
Legislation cited
Subjects
- bail
- general and omnibus allegation
- Arms Act
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36190 of 2026
Arising Out of PS. Case No.-450 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Vinay Kumar S/o Satyanarayan Sahni Resident of Village- Kolhua
Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Ahiyapur P.S. Case No.
450 of 2026 registered for the offences under Sections 191(2),
191(3), 190 and 109 of BNS, 2023 and Section 27 of the Arms
Act.
3. The allegation is that the petitioner along with
others fired indiscriminately during the course of a scuffle
between the parties, on account of which the informant
sustained a gunshot injury on the right side of his abdomen.
4. Learned counsel for the petitioner submits that
there is a general and omnibus allegation of firing against the
petitioner. He further submits that the petitioner has been in
custody since 17.03.2026.
Patna High Court CR. MISC. No.36190 of 2026(3) dt.08-07-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that there is a general and omnibus
allegation against the petitioner and the petitioner has been in
custody since 17.03.2026, this Court is inclined to grant bail to
the petitioner.
7. Let 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
Chief Judicial Magistrate, Muzaffarpur in connection with
Ahiyapur P.S. Case No. 450 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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