Patna High Court

Rajeev KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Petitioner Rajeev Kumar was charged under Sections 191(2), 190, 329(3), 115(2) and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly firing at the husband of an informant during a shooting incident. The prosecution alleged that both Rohit Mandan and the petitioner fired, but the medical report indicated only simple injuries to the victim. The petitioner’s counsel argued that there was no direct allegation that the petitioner fired and that the injuries were minor, and highlighted that the petitioner had been in judicial custody since 25 July 2025. The informant opposed bail, citing the petitioner’s prior criminal case. After hearing both sides, the High Court found the lack of direct evidence and the simple nature of the injuries sufficient to grant regular bail, subject to a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under serious offences including attempted murder and the Arms Act
Whether the absence of a direct allegation of the petitioner firing and the nature of the injuries justify bail

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 109, 115(2), 190, 191(2), 329(3)

Subjects

bail
criminal procedure
attempted murder
Arms Act
simple injury
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75669 of 2025
                      Arising Out of PS. Case No.-568 Year-2025 Thana- SIWAN CITY District- Siwan
                 ======================================================
                 Rajeev Kumar S/o Sanjay Kumar R/o Village- Hakam, P.S.- Mahadeva O.P.,
                 District- Siwan, Bihar
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjay Kumar, Advocate
                 For the Informant        :       Mr. Harsh Anuj, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the Informant and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 191(2),

                   190, 329(3), 115(2) & 109 of the Bharatiya Nyaya Sanhita and

                   under Section 27 of the Arms Act.

                                3. The case of the prosecution is that one Rohit @

                   Mandan has fired at the husband of the informant and Rajeev

                   Kumar (the petitioner) has also fired. This was disclosed by the

                   injured to the informant.

                                4. Learned counsel for the petitioner has submitted

                   that though there is allegation that the petitioner has also fired

                   but the gun-shot hit by Rohit has injured the husband of the

                   informant and from perusal of the order of the learned trial court
Patna High Court CR. MISC. No.75669 of 2025(2) dt.12-01-2026
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          it is clear that the learned trial court has recorded that “ From

          perusal of injury report of informant’s husband, it appears that

          he sustained following injuries :-

                          (i) Lacerated wound with charged margin in

                          right wrist size ½” X ¼”.

                          (ii) Lacerated wound exit wound charged

                          margin on right side of upper abdomen sixe

                          1” X ¼”.

                        The Doctor has opined that the nature of injury is

          simple.”

                       5. Learned counsel for the petitioner has submitted

          that there is no direct allegation against the petitioner that he has

          fired at the husband of the informant and in any view of the

          matter, the injuries were simple. Learned counsel for the

          petitioner has further submitted that the petitioner is languishing

          in judicial custody since 25.07.2025.

                       6. Learned counsel for the Informant has vehemently

          opposed the prayer of bail to the petitioner and has submitted

          that the petitioner is having criminal antecedent of one case.

                       7. 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
            Patna High Court CR. MISC. No.75669 of 2025(2) dt.12-01-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Siwan (Town) P.S. Case No. 568 of 2025 on furnishing bail

                      bond of Rs.10,000/- (Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Siwan.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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