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Patna High Court

Randhir Kumar @ Bhuwar @ BuarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Randhir Kumar, was arrested in connection with a case alleging that he fired at police officers, resulting in a bullet striking his own leg during a reciprocal exchange of fire. He faced charges under Sections 132, 109 and 3(5) of the B.N.S. and Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. The petitioner contended that he was innocent, that the FIR indicated police fired at him, and that no police officer was injured, while the State highlighted his six prior criminal cases and opposed bail. After hearing both sides, the High Court considered the factual matrix, the lack of injury to police, and the petitioner’s custody since August 2025. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the B.N.S. and Arms Act
  • Whether the petitioner poses a flight risk or threat to the investigation given his prior criminal antecedents
  • Whether the circumstances of the alleged firing justify continued judicial custody

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • self‑defence
  • police firing
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6748 of 2026
                        Arising Out of PS. Case No.-242 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Randhir Kumar @ Bhuwar @ Buar, S/o Gopal Rai, R/o Village - Ramdaspur
                 Moriya, P.S. - Panapur, District - Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Taraiya P.S. Case No. 242 of 2025 registered for the

                   offence punishable under Sections 132, 109 and 3(5) of B.N.S.

                   and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with one other was on a bike and has made

                   firing on the police. In self defense, police also made firing and

                   one of the bullet hit the right leg of the petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. It has further been submitted that though the allegation
             Patna High Court CR. MISC. No.6748 of 2026(2) dt.10-02-2026
                                                         2/2




                       against the petitioner is that he has made firing on police but the

                       F.I.R. itself goes to show that police has made firing on him

                       because he has received the injuries. There is only allegation

                       against the petitioner that he has made firing on police but no

                       police personnel has received any injury. Petitioner is

                       languishing in judicial custody since 05.08.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of six cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Judicial

                       Magistrate 1st Class, Saran at Chapra in connection with Taraiya

                       P.S. Case No. 242 of 2025.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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