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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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