Sujit kumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37738 of 2026
                      Arising Out of PS. Case No.-227 Year-2025 Thana- BEERPUR District- Begusarai
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                 Sujit kumar S/o Shomar Paswan @ Sumar Paswan Resident of Village - Pipra
                 Dodraj, Ward No.-09, P.S.- Teghra, District - Begusarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mrs. Archana Sinha, Sr. Advocate
                                                   Mr. Ashok Kumar, Advocate
                                                   Mr. Akshat Arghya, Advocate
                                                   Ms. Swarna Roy, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Birpur P.S. Case No.227 of 2025 registered for the offence

                   punishable under Sections 103(1), 308(5), 61(2) & 3(5) of the

                   BNS and under Section 27 of the Arms Act.

                                 3. The case of the prosecution, in short, is that one

                   Pankaj Kumar @ Pankaj Paswan has fired at Sahzade Raja

                   (brother of the informant) pointed gun on his head. When

                   brother of the informant objected, Pankaj Kumar fired near his

                   left eye whereupon the brother of the informant fell down. After

                   this, Kanhaiya Kumar fired at left side of the chest of Sahzade
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          Raja. It is further alleged that the petitioner was present there

          and he threatened the informant and his brother that if they try

          to save then he will shoot them and then the petitioner shot at

          Sahzade Raja which hit his left shoulder.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that there is dispute between Pankaj

          Kumar and the informant. It has further been submitted that

          from perusal of the FIR it is clear that only allegation against the

          petitioner is that he has fired at the shoulder of the brother of the

          informant. It has further been submitted that as per the FIR the

          occurrence is of 11.12.2025 at 08:25 AM and from perusal of

          the post-mortem report it will transpire that the autopsy of the

          deceased commenced at 02:30 PM and completed at 03:20 PM

          whereas the FIR was lodged at 20:30 hrs. on same day. It has

          further been submitted that after seeing the post-mortem report,

          the allegations have been manipulated. The petitioner was

          having no dispute between the deceased or his brother. He was

          having no motive to commit offence. From perusal of the post-

          mortem report it will transpire that the deceased has received six

          firearm injuries out of which injury no.3 is near left shoulder.

          The Doctors conducting autopsy have opined that the cause of

          death in our opinion was due to traumatic brain injury and
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                      haemorrhagic shock caused by fire-arm injury. It has further

                      been submitted that the delay in filing of the FIR has given

                      ample time to the prosecution to manipulate the story. It has

                      been submitted that the petitioner is having no criminal

                      antecedent and he is in judicial custody since 12.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      J.M.F.C., Begusarai in connection with Birpur P.S. Case No.227

                      of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T