Dayanand KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38733 of 2026
                       Arising Out of PS. Case No.-34 Year-2026 Thana- HALSI District- Lakhisarai
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                 Dayanand Kumar S/O Upendra Yadav Resident of village - Khuriyari, P.S. -
                 Hilsi, District - Lakhisarai

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Rabi Bhushan
                 For the Opposite Party/s :        Mr. Chandra Sen Prasad Singh
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.03.2026 in connection with Halsi P.S. Case No. 34 of 2026

                   for the offences punishable under Sections 115(2), 126(2), 352,

                   351(2), 109(1), 3(5) of BNS and Section 27(1) of the Arms Act.

                               3. Prosecution case, in brief, is that on alleged date

                   06.02.2026 at about 12:00 PM informant was going to his filed

                   on motorcycle and during that three persons along with

                   petitioner with intention to kill started throwing bricks from the

                   rooftop of petitioner which hit his head and he sustained head

                   injury. Thereafter, informants started to run away to save

                   himself but this petitioner fired two bullets and co-accused fired

                   three bullets. There were other people in the house whom he
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          could not identify and these people had the intention to kill him.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR . It is further submitted that it appears from

          the FIR that although the petitioner is named in the FIR but

          from perusal of the FIR it appears that there is no specific

          allegation of assault or overt act or firing is attributed against

          the petitioner rather the allegations are general and omnibus in

          nature. It is next submitted that there is a case and counter-case

          between both the parties. Learned counsel for the petitioner next

          submits that police after investigation has submitted charge-

          sheet and petitioner is in custody since 17.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned ACJM-

          IV, Lakhisarai in connection with Halsi P.S. Case No. 34 of
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                     2026, subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T