Patna High Court
Arun Kumar @ Kundan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to a bond of Rs.15,000 and specified conditions.
Summary
Arun Kumar petitioned for bail in a case (Rajepur P.S. Case No. 187 of 2024) alleging offences under Sections 109, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that Kumar and co‑accused surrounded an informant and fired a pistol, causing injuries. Kumar contended he was falsely implicated, highlighted a twelve‑day delay in filing the FIR, lack of eye‑witnesses, and that the charge sheet did not specifically allege his participation. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s seven prior criminal antecedents. After considering the facts, the court granted bail on the condition of a Rs.15,000 bond with two sureties and compliance with appearance requirements.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the delay in lodging the FIR and the absence of specific allegations against the petitioner justify bail.
- Whether the petitioner’s criminal antecedents and the seriousness of the alleged offences outweigh his right to bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 3(5), 351(2)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Arms Act
- delay in FIR
- serious offences
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4432 of 2026
Arising Out of PS. Case No.-187 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
Arun Kumar @ Kundan Ray S/o Janak Bhagat @ Janak Prasad R/o Vill.-
Paigambarpur, P.S.- Siwaipatti, Distsrict- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rajepur P.S. Case No. 187 of 2024 instituted for the offences
under Sections 109, 351(2), 3(5) of the Bhartiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. As per prosecution case, the accused persons
including the petitioner surrounded the Informant and fired
twice with pistol on him causing gunshot injuries to his leg and
head.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
against him and has falsely been implicated in the present case.
The petitioner has not committed any offence as alleged in the
Patna High Court CR. MISC. No.4432 of 2026(2) dt.28-01-2026
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F.I.R. He further submits that there is delay of twelve days in
lodging the F.I.R. that too without there being any plausible
explanation for the same which creates doubt in the veracity of
the prosecution case. Learned counsel for the petitioner submits
that there is no direct or specific allegation of any overt act
against the petitioner rather the same is general and omnibus in
nature. The specific allegation of firing is against the co-accused
Sanjay Prasad. There is no eye-witness to the alleged
occurrence. Learned counsel for the petitioner further submits
that other co-accused Prem Kumar @ Prem Chandra Prasad has
been granted bail by a Co-ordinate Bench of this Court vide
order dated 23.06.2025 passed in Cr. Misc. No. 37982 of 2025.
The petitioner has seven criminal antecedents as has been stated
in Para-3 and is languishing in judicial custody since 26.09.2025
without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State and
the Informant have vehemently opposed the prayer for grant of
bail to the petitioner, stating that the offence alleged against the
petitioner is serious in nature.
6. Having heard rival contention of both the parties
and considering the entire facts and circumstances of the case as
also the period of custody of the petitioner, let the petitioner,
Patna High Court CR. MISC. No.4432 of 2026(2) dt.28-01-2026
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abovenamed, be released on bail, after framing of charge, if
not already framed, on furnishing bail bonds of Rs.15,000/-
(Fifteen thousand) with two sureties of the like amount each to
the satisfaction of Court below/concerned Court in connection
with Rajepur P.S. Case No. 187 of 2024 (G.R. No. 5443 of
2024), subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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