Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Bipin Kumar, was arrested in connection with a Panapur police case alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, including firing a pistol and inflicting a knife injury on an informant. The petitioner’s counsel argued that the allegations were false, that there was no corroborative evidence of the shooting, and that the alleged knife wound was not substantiated. The State’s counsel pointed to the medical report showing a lacerated wound on the informant’s head, though the CT scan was normal. After considering the nature of the injury, the length of the petitioner’s custody since July 2025, and the fact that a charge‑sheet had been filed, the court decided to grant bail. Bail was conditioned on a Rs.10,000 bond with two sureties, the presence of a close relative as a bailor, and compliance with attendance requirements under Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite charges under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the evidence of injury and alleged firearm discharge justifies denial of bail.
- Whether the period of pre‑trial custody and filing of charge‑sheet affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 118(1), 126(2), 303(2), 3(5), 351(2), 352, 480(3)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 480(3)
- pre‑trial detention
- injury evidence
- firearm offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67663 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- PANAPUR District- Saran
======================================================
Bipin Kumar Sri Bhagwan Singh Kushwaha @ Sri Bhagwan @ Bhutti Singh
R/o Vill- Shahbajpur, P.S.- Panapur, Dist- Saran at Chapra, 841410.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Panapur P.S. Case No. 80 of 2025 registered for
the alleged offences under Sections 126(2), 115, 109, 352,
118(1), 351(2), 303(2) read with Section 3(5) of Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
03. As per prosecution case, over some petty issue, the
petitioner and other co-accused persons riding a motorcycle,
opened fire from their pistols and abused the informant. The
petitioner gave knife blow to the informant who received injury
on his head.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
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case. The prosecution case is false and concocted. Learned
counsel further submits that the allegation of firing is not
corroborated by the materials available on record. The informant
has not received any knife injury. The background of occurrence
is apparent from the FIR and it appears that some altercation
and scuffle took place over taking side on the road where the
informant kept his mustard crop. Learned counsel further
submits that the petitioner is having antecedent of three cases
and is on bail in all such cases. The petitioner is in custody since
20.07.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
injury report of the informant shows a lacerated wound on left
temporal region of size 2” x ½” x ½” and the injury is stated to
be caused by hard and blunt substance. However, learned APP
concedes that no significant abnormality was seen in the CT
scan of brain of the informant and the injury is stated to be
simple in nature.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
background of dispute and nature of injury and further
considering the period of custody of the petitioner along with
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submission of charge-sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Saran at Chapra/court concerned in connection with Panapur
P.S. Case No. 80 of 2025, subject to the conditions mentioned in
Section 480(3) of BNSS and 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.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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