Patna High Court
Jyotish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
The court held that bail could not be granted and dismissed the pre‑arrest bail petition.
Summary
The petitioner, Jyotish Kumar, sought pre‑arrest bail after a FIR was lodged alleging that he and a co‑accused entered a house armed, fired weapons and attempted to flee in a car, with live cartridges recovered from the vehicle. The prosecution’s case relied on the informant’s written complaint, eyewitness statements, and the recovery of ammunition, and noted that the petitioner has five prior criminal convictions. The petition argued that arrest was unwarranted, but the court examined the seriousness of the offences under the Bhartiya Nyaya Sanhita 2023 and the Arms Act, the presence of weapons, and the petitioner’s antecedents. Considering the nature of the alleged offences, the material evidence, and the risk of tampering or further offences, the court found a strong prima facie case. Consequently, the court rejected the pre‑arrest bail application and dismissed the petition.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner given the alleged offences under the Bhartiya Nyaya Sanhita and the Arms Act
- Whether the evidence on record establishes a prima facie case sufficient to deny bail
- Whether the petitioner’s prior criminal antecedents justify refusal of bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 3(5), 351(3), 352
Subjects
- pre‑arrest bail
- bail denial
- firearms offence
- arms possession
- criminal antecedents
- Bhartiya Nyaya Sanhita
- Arms Act
- prima facie case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39570 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- SILAO District- Nalanda
======================================================
Jyotish Kumar Son of Bhrigunandan Prasad Sharma @ Bhim Singh Resident
of village - Kariyanna, P.S.- Silao, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in a case registered for the
offence punishable under section 109(1), 351(3), 352, 3(5) of
Bhartiya Nyaya Sanhita 2023, and 25(1-b)a 26,27,35 of the
Arms Act.
3. According to the prosecution, informant Lal Kumar
submitted a written petition to the S.H.O. of Silao P.S. alleging
that on November 10, 2025, at 7:00 PM, co-accused Nitish
Kumar and Jyotish Kumar (petitioner) arrived at his house
armed with weapons, started abusing and firing indiscriminately
Patna High Court CR. MISC. No.39570 of 2026(2) dt.23-06-2026
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with a pistol. Upon hearing the gunshots, the informant rushed
toward the courtyard and witnessed Nitish Kumar, dressed in a
white shirt and blue jeans, holding a gun. Although the family
managed to hide but they heard subsequent gunfire . Later,
prompting them to flee through the backyard toward a nearby
bank where they discovered Nitish's car (registration number
DL6034) parked with its engine running. Moments later, Nitish
and Jyotish (petitioner) came from their own house and started
firing again but when their attempt to escape in the vehicle
failed, the informant immediately dialed 112, leading to the
prompt arrival of the administration who recovered four live
cartridges from the car as well as one empty shell near the
house . Accordingly, the present case was lodged.
4. On perusal of record, it appears that at paragraph
Nos. 4,9, 10 and 11 of the case diary , all the witnesses have
supported the case of prosecution against this petitioner. At
paragraph No. 57, police found the case to be true against this
petitioner and during the same time four live cartridges were
recovered from the car and one empty shell was also found near
the house . Petitioner has got 5 criminal antecedents.
5. Considering the nature of accusation, recovery of
arms and ammunition, materials available on record, criminal
Patna High Court CR. MISC. No.39570 of 2026(2) dt.23-06-2026
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antecedents of this petitioner and other circumstances of case,
prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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