Patna High Court
Ajit khirhar @ AjIt Kumar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie doubt regarding the indiscriminate firing allegation warranted the grant of bail.
Summary
The petitioner, Ajit Kumar, was named in an FIR for alleged firing during a land dispute, facing charges under multiple sections of the Bihar Penal Code and the Arms Act. He contended that no bullet struck the informant's son and that no incriminating cartridges were recovered, casting doubt on the allegation of indiscriminate firing. The State opposed bail, arguing the seriousness of the offences. The court examined the factual submissions and noted a prima facie doubt regarding the indiscriminate firing allegation. Consequently, the court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Code of Criminal Procedure. The bail order was conditioned on the petitioner surrendering within four weeks and complying with the stipulated terms.
Issues considered
- Whether the allegations of indiscriminate firing constitute a prima facie case sufficient to deny bail
- Whether bail can be granted under Section 482(2) of the Bihar Code of Criminal Procedure in light of the charges
Legislation cited
- Arms Act — s. 27
- Bihar Code of Criminal Procedure — s. 482(2)
- Bihar Penal Code — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- prima facie
- indiscriminate firing
- land dispute
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40194 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- MAHISHI District- Saharsa
======================================================
Ajit khirhar @ AjIt Kumar Kumar Son of Hareram Khirhar Resident of
Village - Mahpura, Ward no. -12, Mahishi South, Maina Gram, P.S.- Mahishi,
District- Saharsa, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunny Kumar
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Mahishi P.S. Case No.
58/2026 registered for the offences punishable under Sections
126(2), 115(2), 303(2), 109, 352, 351(2), 351(3) and 3(5) of
the BNS and Section 27 of the Arms Act.
3. As per FIR, petitioner alleged to open fire upon son
of informant during the occurrence, which alleged to be taken
place due to land dispute between the parties.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that none of the bullet in the background
of indiscriminate firing was hit to the son of the informant though
it was alleged to be made from very close range, making the
allegation doubtful on its face in the background of land dispute.
Patna High Court CR. MISC. No.40194 of 2026(2) dt.23-06-2026
2/2
In support of allegation no empty cartridges or anything
incriminating was recovered from the place of occurrence in
support of allegation that firing was made indiscriminately by this
petitioner during the course of occurrence. Petitioner claimed
clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of overall accusations as discussed aforesaid, which
creates prima-facie doubt qua occurrence as far allegation of
indiscriminate firing is concerned, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, Saharsa/concerned Court, where
the case is pending in connection with Mahishi P.S. Case No.
58/2026, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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