Patna High Court
Amit Kumar @ Pintu Sharma @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The court granted bail to the petitioner, finding that the death was accidental rather than murder.
Summary
The petitioner, Amit Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita for the alleged killing of a deceased person. The prosecution alleged murder, while the petitioner’s counsel argued that the death was accidental, occurring during celebratory firing at a dance event. The informant’s counsel opposed bail. The court examined the case diary and investigation material, finding that the circumstances pointed to an accidental death rather than intentional homicide. Considering these facts and the submissions, the court ordered the release of the petitioner on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The bail was granted subject to the satisfaction of the learned ACJM‑VIII, Gaya.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 126(2), 115(2), 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita
- Whether the alleged offence constitutes murder or an accidental death arising from celebratory firing
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 126(2), 3(5)
Subjects
- bail
- accidental death
- celebratory firing
- criminal procedure
- murder
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47461 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- KONCH District- Gaya
======================================================
Amit Kumar @ Pintu Sharma @ Pintu Kumar S/o- Hridaynandan @
Hridayanand Sharma Village- Angrahi PS-Daudnagar District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ansul, Sr. Advocate
Mr.Anuj Kumar, Advocate
For the State : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 08-10-2025 Heard learned Senior Counsel for the petitioner;
learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Konch
P.S. Case No. 80 of 2025 registered for the offence punishable
under Sections 126(2), 115(2), 103(1) read with 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is
accused of killing the deceased.
4. The petitioner is in custody since 24.02.2025.
5. Learned Senior Counsel for the petitioner submits
that it is not a case of murder but in a case of celebratory firing.
While watching dance, the occurrence has taken place.
6. Learned counsel for the informant has vehemently
Patna High Court CR. MISC. No.47461 of 2025(3) dt.08-10-2025
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opposed the prayer for bail.
7. From the case diary and materials collected during
investigation, it appears to be a case of accidental death caused
during a dance.
8. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned ACJM-
VIII, Gaya/ concerned Court in connection with Konch P.S.
Case No. 80 of 2025.
(Sandeep Kumar, J)
P. Kumar
U T
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