Patna High Court
Hiramani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to conditions prescribed under Section 482 of the BNSS.
Summary
Hiramani Kumar petitioned for anticipatory bail in a case alleging his participation in cross‑fire and the shooting of an informant's brother under Sections 109(1), 118(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution claimed he fired at the victim, while the petitioner argued that the FIR contains no specific allegation against him and the injured party did not name him. He also highlighted that a co‑accused in the same case had already been granted bail and that he has four prior criminal cases, all of which are currently on bail. The State opposed the bail, insisting on his involvement in the shooting. The Court, noting the lack of direct evidence, the precedent of bail to a similarly situated accused, and the petitioner’s bail history, granted anticipatory bail subject to stringent conditions under Section 482 of the BNSS, including surety bonds, regular appearances before the trial court and the Superintendent of Police, and provisions for cancellation upon breach.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged offences and his criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 118(2), 3(5), 482
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- cross firing
- bail conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52456 of 2025
Arising Out of PS. Case No.-331 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Hiramani Kumar S/o Ram Kumar Singh R/o Vill- Sadanandpur, P.S.- Ballia,
Distt- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Ballia P.S. Case No. 331 of 2024, instituted
for the offences punishable under Sections 109(1), 118(2), 3(5)
of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, allegation against the
petitioner is that he along with other named accused persons
entered into a cross firing between the two groups and the
petitioner was also involved in firing upon the brother of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and from the
perusal of the FIR, it would be evident that there is no eye
Patna High Court CR. MISC. No.52456 of 2025(6) dt.21-01-2026
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witness to the occurrence. It is further submitted that there is no
specific allegation against the petitioner to have fired upon the
brother of the informant namely Devdutt Kumar. It is also
submitted that the injured Devdutt Kumar was examined by the
I.O. during the course of investigation and the said injured has
also not named the petitioner or anybody to have fired upon
him. It has lastly been submitted that similarly situated co-
accused namely Vijay Krishna @ Karul Kumar @ Karul has
been granted bail by a co-ordinate Bench of this Court, the order
of which has been brought on record by way of Annexure-P/2 to
this petition. It is submitted that the petitioner though carries
four criminal antecedents, he is on bail in all such cases.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail and has
submitted that the petitioner was involved in firing in which the
brother of the informant got injured.
6. Considering the aforesaid submissions and the fact
that the similarly situated co-accused has already been granted
bail, the petitioner is directed to be released on bail, in the event
of his arrest or surrender before the court below within a period
of four weeks from the date of receipt/production of a copy of
this order, on his furnishing bail bonds in the sum of Rs.
Patna High Court CR. MISC. No.52456 of 2025(6) dt.21-01-2026
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10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Begusarai in connection with Ballia P.S. Case No. 331 of 2024,
subject to the conditions as laid down under Section 482 of the
BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedents of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
(v) in view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
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Police, Begusarai within fifteen days of his release with a copy
of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept under watch
in this period by the Superintendent of Police concerned and if it
is found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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