Patna High Court
Makhan @ Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding no intention to cause death and deeming the injury simple.
Summary
The petitioner, Makhan @ Abhay Kumar, was named in an FIR for alleged assault on an informant using the butt of a pistol and indiscriminate firing, invoking sections 126(2), 115(2), 109(1), 352 and 3(5) of the Bihar Penal Code and Section 27 of the Arms Act. The petitioner sought bail, arguing that he had no intention to cause death, that the injury was simple, and that the use of the pistol’s butt negated any lethal intent. The State opposed the bail application. The court examined the factual submissions and noted the absence of any allegation that the petitioner intended to kill or cause serious injury. Relying on the lack of intent and the nature of the injury, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code. The bail order was conditioned on the petitioner surrendering within four weeks and complying with the stipulated sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple serious offences including sections of the Bihar Penal Code and the Arms Act.
- Whether the alleged use of the butt of a pistol and the nature of the injury negate the requisite intention to cause death, thereby justifying bail.
Legislation cited
- Arms Act — s. 27
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109(1), 115(2), 126(2), 3(5), 352
Subjects
- bail
- intention to cause death
- firearms
- Arms Act
- Section 482
- Bihar Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40896 of 2026
Arising Out of PS. Case No.-181 Year-2026 Thana- BIHAR District- Nalanda
======================================================
Makhan @ Abhay Kumar S/O Mahendra Gop R/O Village- Patuaana, P.S-
Bihar Sarif, District- Nalanda, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Adv
: Mr. Manu Tripurari, Adv
: Mr. Raghu Raj Pratap, Adv
: Ms. Jaya Singh, Adv
: Ms. Tanu Priya, Adv
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bihar Sarif P.S. Case
No. 181/2026 registered for the offences punishable under
Sections 126(2), 115(2), 109(1), 352 and 3(5) of the BNS and
Section 27 of the Arms Act.
3. As per FIR, petitioner and other named co-accused
persons alleged to assault informant by using butt of the pistol
and also alleged to resort indiscriminate firing in air.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that in view of allegation as set out
through FIR, it can be safely said that petitioner was not under
intention to cause death of informant/injured as having all
Patna High Court CR. MISC. No.40896 of 2026(2) dt.24-06-2026
2/2
occasion to kill informant because petitioner was equipped with
deadly firearms, he choosed to assault by using butt of the pistol,
which clearly negate his intention to kill. It is further submitted
that nature of injury upon medical examination found simple,
which further negates intention to cause death. Petitioner found
involved in two more cases, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation of firing targeting
informant/injured is not available, rather having all occasion to
cause firearm injury was made by butt of the pistol, 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, Nalanda, Bihar
Sharif/concerned Court, where the case is pending in connection
with Bihar Sarif P.S. Case No. 181/2026, 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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