Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Penal Code — s. 109, 126(2), 194(2), 3(5), 351(2), 351(3), 352
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
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