Created by Fuzzy Cloud

Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioners are entitled to bail and are ordered to be released on bond.

Summary

The petitioners, Amit Kumar and Bittu Kumar, applied for bail in a case registered under several sections of the Bihar Penal Code (BNS) for allegedly brandishing and firing a pistol in the air. The prosecution alleged that Sushant Jha initially threatened an informant with a pistol, after which the petitioners joined, seized the weapon, and attempted to fire it. The petitioners argued that no injury resulted, the primary allegation was against Sushant Jha, they have no prior criminal record, and have been in judicial custody since 4 April 2026. The State opposed the bail application. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioners to be released on a bond of Rs.10,000 each with two sureties each.

Issues considered

  • Whether the petitioners are entitled to bail despite charges under Sections 126(2), 194(2), 109, 352, 351(2), 351(3) and 3(5) of the Bihar Penal Code.
  • Whether the absence of injury and lack of prior criminal antecedent justify granting bail.

Legislation cited

Subjects

  • bail
  • firearm
  • brandishing
  • criminal antecedent
  • judicial custody
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42104 of 2026
                     Arising Out of PS. Case No.-60 Year-2026 Thana- HABIBPUR District- Bhagalpur
                 ======================================================
           1.     Amit Kumar Son of Prakash sah Resident of Village- Ambe Hatiya, P.S.-
                  Habibpur, District- Bhagalpur
           2.     Bittu Kumar Son of Manoj Kumar Sah Resident of Village- Ambe Hatiya,
                  P.S.- Habibpur, District- Bhagalpur
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-06-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Habibpur P.S. Case No.60 of 2026 registered for the

                   offence punishable under Sections 126(2), 194(2), 109, 352,

                   351(2), 351(3) and 3(5) of the BNS.

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

                   Sushant Jha abused the informant brandishing pistol and fired in

                   air while threatening to kill him. It is further alleged that Bittu

                   Kumar (petitioner no.2), Karan Kumar and Raunak Kumar

                   arrived on a bike; abused the informant; took the pistol from

                   Sushant Jha and attempted to fire in the air.

                                4. Learned counsel appearing on behalf of the
            Patna High Court CR. MISC. No.42104 of 2026(2) dt.30-06-2026
                                                        2/2




                      petitioners has submitted that it is clear that only allegation

                      against the petitioners is that of brandishing firearm and making

                      firing in air. Learned counsel for the petitioners has further

                      submitted that in this case, nobody has received any injury and

                      main thrust of allegation is against Sushant Jha who is not the

                      petitioner in this case. It has been submitted that the petitioners

                      are having no criminal antecedent and they are in judicial

                      custody since 04.04.2026.

                                   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 petitioners on bail. The above named

                      petitioners are directed to be enlarged on bail on furnishing bail

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

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

                      of learned Judicial Magistrate 1st Class, Bhagalpur in connection

                      with Habibpur P.S. Case No.60 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.