Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Kaushal Kumar, sought anticipatory bail after an FIR alleged that he and two others fired at the son of an informant, invoking sections of the Bharatiya Nyaya Sanhita and the Arms Act. The petitioner contended he was innocent, arguing that the injury report showed injuries caused by a blunt object, not a firearm, thereby falsifying the prosecution's case. The State opposed the bail application. The court examined the nature of the accusations, the contradictory injury report, and the petitioner’s clean antecedent. Considering these factors, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the FIR’s allegations constitute a cognizable offence in view of the injury report indicating non‑firearm injury.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- FIR
- injury report
- firearms
- Arms Act
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67072 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- PANDARAK District- Patna
======================================================
Kaushal Kumar S/o Jawahar Yadav R/o Village- Amtar, Lemuabad, Police
Station- Pandarak, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 30-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109, 3(5)
of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., all the three named accused persons,
including this petitioner, opened fire upon the son of informant
as a result of which, he sustained firearms injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As per
F.I.R., three named accused persons fired upon the son of
informant but as per injury report, no firearms injury was found
rather injury sustained by the injured is caused by hard and
blunt substance, which is simple in nature and as such, injury
report falsifies the prosecution case. Petitioner claims clean
Patna High Court CR. MISC. No.67072 of 2025(5) dt.30-03-2026
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antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, Barh (Patna) in connection
with Pandarak P. S. Case No. 99 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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