Patna High Court
Vishwa Vijay Kumar @ Vishwa Jeet Thakur @ BulletversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to all petitioners except Kunal Gautam, whose bail was denied due to specific allegations of firing.
Summary
The petitioners, comprising three brothers and three other individuals, were implicated in a celebratory firing incident that resulted in the death of Bhanja of Sarpanch Tarakant Singh. They sought bail, arguing lack of direct involvement and clean antecedents. The prosecution alleged that Kunal Gautam fired the shots that caused the death, while no specific firing allegations were made against the other petitioners. The Court examined the material evidence and the applicability of sections 103, 238, 3(5) of the Bharatiya Nyaya Sanhita, sections 25(9), 27 of the Arms Act, and section 482 of the Bharatiya Nagarik Suraksha Sanhita. It rejected bail for Kunal Gautam due to the specific allegation, but granted bail to the remaining petitioners subject to a bond and sureties. The order directed the bail to be effected within eight weeks of arrest or surrender.
Issues considered
- Whether the petitioners are entitled to bail under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.
- Whether there is sufficient evidence linking each petitioner to the alleged firing.
- Whether the specific allegation against Kunal Gautam justifies denial of bail.
Legislation cited
- Arms Act — s. 25(9), 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5)
Subjects
- bail
- celebratory firing
- homicide
- Arms Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57207 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
1. MANOJ KUMAR SINGH @ MANOJ SINGH Son of Chandeshwar Singh
Resident of Village- Abul Hasanpur (Paumi Hasanpur) Police Station-
Vaishali, District- Vaishali
2. PRAMOD KUMAR SINGH @ PRAMOD KUMAR Son of Chandeshwar
Singh Resident of Village- Abul Hasanpur (Paumi Hasanpur) Police Station-
Vaishali, District- Vaishali
3. KUMOD KUMAR SINGH @ KUMOD KUMAR Son of Chandeshwar
Singh Resident of Village- Abul Hasanpur (Paumi Hasanpur) Police Station-
Vaishali, District- Vaishali
... ... Petitioner/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 63162 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Vishwa Vijay Kumar @ Vishwa Jeet Thakur @ Bullet S/o Chandeswar
Thakur R/o vill - Jagdishpur Rami, P.O. - Chakahaji, P.S- Kapurigram, Distt.-
Samastipur, Bihar ... Petitioner
======================================================
with
CRIMINAL MISCELLANEOUS No. 66153 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Kunal Gautam @ Golu @ Gautam Kunal S/O Vinay Kumar Singh @ Vinay
Kumar R/O Village- Dharampur, P.S.- Vaishali, District- Vaishali
... ... Petitioner/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 69861 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Digvijay Thakur @ Digvijay Kumar Thakur @ Mantu Thakur S/O Shri
Chandeshwar Thakur Resident of Vill.-Jagdishpur, P.S.- Karpuri Gram, Dist.-
Samastipur ... Petitioner
Versus
The State of Bihar ... Opposite Party in all four cases
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 57207 of 2025)
For the Petitioner/s : Mr NK Agrawal, Senior Advocate
Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 63162 of 2025)
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 66153 of 2025)
For the Petitioner/s : Mr PN Shahi, Senior Advocate
Mr.Madhukar Anand, Advocate
For the Opposite Party/s : Mr.Akbar Ali, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 69861 of 2025)
For the Petitioner/s : Mr.Dipak Kumar, Advocate
For the Opposite Party/s : Mr.Prem Kumar Jha, A.P.P.
======================================================
Patna High Court CR. MISC. No.57207 of 2025(6) dt.17-02-2026
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 17-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 103/238 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and sections 25(9)/27 of the
Arms Act.
3. As per prosecution case, on 04.02.2025 at around
5.15 pm when the informant Praveen Kumar. S.1.-Cum-SHO of
Vaishali P.S along with other police personnel was on patrolling
duty, he got a secret information about firing on 03.02.2025 in
the house of Manoj Kumar Singh during the celebration of Tilak
(Faldan) of his son. At that time, an orchestra was going on and
at the same time an unknown person waved a weapon and
started open firing in which Bhanja of Sarpanch Tarakant Singh,
namely, Krishna @ Sagun received bullet injury on the head and
fell down on the stage. He died on way to hospital. To verify
this fact, when the informant reached the door of Manoj Kumar
Singh and started investigation, then came to his knowledge
about the fact of this incident leading to lodging of the instant
FIR against unknown persons.
4. Learned counsel appearing for the petitioners, in
Cr.Mis.No. 57205 of 2025, submits that these petitioners, who
are brothers, are innocent and have falsely been implicated in
this case only on the ground that the incident of celebratory fire
took place at their house. During investigation, no evidence has
come to suggest petitioners’ direct or indirect involvement in the
firing. Petitioners claim clean antecedent.
5. With respect to petitioner of Cr.Mis.No. 63162 of
2025, learned counsel for the petitioner submits that the only
Patna High Court CR. MISC. No.57207 of 2025(6) dt.17-02-2026
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material against this petitioner is that the petitioner is owner of
arms used in celebratory firing on the occasion of Tilak.
However, it is not the case of the prosecution that petitioner
fired shots from the fire arms. Petitioner has got clean
antecedent.
6. With respect to petitioner of Cr.Mis.No. 66153 of
2025, learned counsel for the petitioner submits that this
petitioner was not present at the orchestra at the relevant time.
As a matter of fact, deceased died, due to cardiac arrest as he
fell down from the stage and died later on.
7. Learned counsel for petitioner of Cr.Mis.No. 69861
of 2025 submits that only material that has come during
investigation that he was also present on the spot. That apart,
no evidence has come to suggest his direct or indirect
involvement in the alleged occurrence. Petitioner claim clean
antecedent.
8. Learned counsel for the State and the informant
oppose the prayer for bail of all the petitioners. Learned counsel
for the informant submits that during investigation witnesses
have stated that petitioner of Cr.Mis.No. 66153 of 2025 (Kunal
Gautam @ Golu @ Gautam Kunal) fired shots in the orchestra
which hit Bhanja of Sarpanch on the head causing his death on
way to hospital.
9. Since there is allegation of firing against petitioner
Kunal Gautam @ Golu @ Gautam Kunal leading to death of
victim, his prayer for bail is rejected.
10. There is no allegation of firing shots against rest
petitioners. As such, these petitioners, named above, (except
petitioner Kunal Gautam @ Golu @ Gautam Kunal) in the event
of arrest or surrender within eight weeks from today, are
Patna High Court CR. MISC. No.57207 of 2025(6) dt.17-02-2026
4/4
directed to be enlarged on bail on furnishing bail bond of
Rs.10,000/- each (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate 1st class,
Vaishali at Hajipur in Cr.Mis.No. 63162/25 & 57207/25, Chief
Judicial Magistrate, Vaishali at Hajipur in Cr.Mis.No. 69861/25
in Vaishali Police Station Case No. 40 of 2025, subject to the
condition laid down under section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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