Patna High Court
Akash Kumar @ Akash Kr.versusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Regular bail was denied as the court was not inclined to grant it given the seriousness of the offence and the evidence of injury.
Summary
The petitioners, Akash Kumar and Birendra Kumar, were arrested in connection with a FIR alleging that they fired a country‑made pistol at the informant’s uncle, causing serious injuries. The petitioners claimed they were falsely implicated due to village politics and that no weapon was recovered from them, seeking regular bail. The State opposed bail, relying on the FIR, case diary and a detailed account that the accused, including Akash Kumar, fired multiple rounds, injuring the victim. The court examined the factual matrix, the seriousness of the offence under Sections 109, 118(2) and 3(5) of the BNS and Section 27 of the Arms Act, and the risk to public safety. Considering the victim’s severe injuries and the presence of a weapon, the court found no sufficient ground to grant bail. Consequently, the petition for regular bail was rejected.
Issues considered
- Whether the petitioners are entitled to regular bail despite the seriousness of the alleged offence
- Whether the evidence in the FIR and case diary establishes a prima facie case under the BNS and Arms Act
Legislation cited
- Arms Act — s. 27
- Bihar Non‑Applicable (BNS) — s. 109, 118(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Non‑Applicable
- attempted murder
- political vendetta
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5071 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- TANKUPPA District- Gaya
======================================================
1. Akash Kumar @ Akash Kr. (Aged about 24 years, Male) S/O Late Virju
Paswan @ Late Birju Paswan R/O Village- Langura Kala, P.S- Mohanpur,
Distt.- Gayaji.
2. Birendra Kumar @ Birendra Kur (Aged about 19 Years, Male) S/O Indradeo
Paswan, R/O Village- Badha Bigha, P.S- Tankuppa, Distt.- Gayaji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
Mr. Anand Kishore Sinha, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh-1, APP
For the Informant : Mr. Anil Kumar Sinha, Advocate
Mr. Sudhir Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
5 13-07-2026 Heard learned counsel for the petitioners, learned
counsel for the Informant, learned APP for the State and
perused the case diary.
2. The petitioners are in custody in a case registered
for the offence punishable under Sections 109, 118(2) and 3(5)
of the BNS and Section 27 of the Arms Act.
3. As per allegation in the FIR, it is a case of gun shot
firing upon the uncle of the informant by the petitioners, due to
which, the uncle of the informant fell down on the earth.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.5071 of 2026(5) dt.13-07-2026
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petitioners have falsely been implicated in this case due to dirty
village politics. He next submits that specific allegation of shot
firing by petitioner no.1 but none was injured there and nothing
incriminating or any arms and ammunition have been recovered
from the conscious possession of the petitioners and petitioners
are in custody since 04.07.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that specific allegation of shot
firing by the petitioners upon the uncle of the informant.
6. On perusal of the first information report, case
diary and impugned order dated 29.11.2025, it appears that the
injured, namely, Anuj Paswan (uncle of the informant) has
stated in para-133 of the case diary that he along with his
nephew Nandlal Paswan were on their way back to home in
Baghabigha on a motorcycle and on reaching Karhanibag Jamun
tree near the Tankuppa Police Station, suddenly at the same
time, regarding the matter of settlement in the previous
Tankuppa Police Station Case No. 42 of 2025, a group of men
namely, (1.) Akash Kumar (2.) Roshan Kumar, (3.) Virendra
Kumar, (4.) Kundan Kumar Kapil Paswan, (5) Wilson Kumar
Sharma, Chandan Sharma, Shubham Kumar, Manoj Singh,
Sonu Kumar, Manoj Sharma, Aman Kumar Sharma,
Patna High Court CR. MISC. No.5071 of 2026(5) dt.13-07-2026
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Dharmendra Sharma (all residents of Karhanibagh, Tankuppa
district,) came on two motorcycles (bearing registration no.
BR02AQ550) and some on foot, carrying country-made pistol
in their hands, forcibly stopped his vehicle and threatened to kill
him if he did not withdraw the school case. On refusal to
compromise, Akash Kumar, Roshan Kumar, Virendra Kumar,
Kundan Kumar, Wilson Kumar, Shubham Kumar, Sonu Kumar,
Aman Kumar started firing at the uncle of the informant with
country-made pistol in their hands, due to which, three bullets
hit his stomach, one in the left thigh, one in the right hand, one
near the right chest and three bullets hit his left hand, due to
which, he was badly injured and fell down bleeding and became
unconscious, considering which, I am not inclined grant regular
bail to the petitioner.
7. Accordingly, the prayer for regular bail of the
petitioners is hereby rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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