Kamlesh Yadav @Kamlesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43956 of 2026
                      Arising Out of PS. Case No.-57 Year-2026 Thana- ATHMALGOLA District- Patna
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           1.     Kamlesh Yadav @ Kamlesh Kumar S/O Satyendra Yadav @ Satendra Singh
                  Resident Of Village-Laxmanpur, PS- Baktiyarpur, Dist Patna
           2.    Ramesh Yadav @ Ramesh Kumar S/o Satyendra Yadav @ Satendra Singh
                 Resident Of Village-Laxmanpur, PS- Baktiyarpur, Dist Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-07-2026                     Heard learned Advocate for the petitioners and

                   learned Advocate for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Athmalgola P.S. Case No.57 of 2026 registered for the

                   offences punishable under Sections 191(2), (3), 190, 109(1) of

                   the BNS, 2023 and Section 27 of the Arms Act.

                                3. Allegedly, on the given date and time of

                   occurrence, while the informant was proceeding to attend the

                   call of nature, he came across a clash between two groups.

                   During the course of the incident, two unidentified persons

                   allegedly resorted to indiscriminate firing, causing a bullet

                   injury to the informant’s cheek, as a result of which he fell
Patna High Court CR. MISC. No.43956 of 2026(2) dt.08-07-2026
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          unconscious. He was subsequently shifted to the hospital for

          treatment.

                       4. Learned Advocate for the petitioners contended that

          that even from the fardbeyan of the informant, it is evident that

          the petitioners were not the persons who had opened fire, rather

          it is alleged that two unidentified persons, who were engaged in

          a clash with each other, resorted to firing, as a result of which

          the informant sustained a bullet injury on his cheek. However,

          the same has been opined to be grievous in nature. Even as per

          the allegation, there was no animosity between the petitioners

          and the informant rather the clash was between two groups and

          moreover no motive has been assigned that the petitioners were

          anyhow instrumental in causing any injury through any

          unidentified person to the petitioner. The petitioners bear fair

          antecedent and undertake that they will fully cooperate in the

          proceedings of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the prayer for bail and submitted that there

          are specific allegations against the petitioners that they were

          actively involved in the clash and that, during the course of the

          said occurrence, some of the accused persons resorted to firing,

          one of which struck the informant on a vital part of his body,
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                        that has been opined to be grievous in nature.

                                     6. Having considered the submissions advanced by

                        the learned Advocates for the respective parties and taking note

                        of the specific accusation levelled against unidentified persons

                        of causing firearm injury to the informant, besides the FIR

                        clearly discloses that the clash was between two other groups

                        and the fair antecedent of the petitioners, let the above named

                        petitioners, be released on bail, in the event of their arrest or

                        surrender before the learned Court below within a period of four

                        weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten

                        thousand) each with two sureties of the like amount each to the

                        satisfaction of learned Sub-Divisional Judicial Magistrate, Barh

                        at Patna in connection with Athmalgola P.S. Case No.57 of

                        2026, subject to the condition as laid down under Section 482(2)

                        of the BNSS, with further condition that one of the bailors shall

                        be the own/close family members of the petitioners.



                                                    (Harish Kumar, J)
rohit/-

U         T