Patna High Court

Prabhat Kumar @ Prabhat Singh @ Abhishek Kumar @ LitilversusThe State of Bihar

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

Holding

Bail was granted as there was no specific allegation of intent to kill by the petitioner, his antecedents were clean, and a similarly situated co‑accused had already been released on bail.

Summary

The petitioner, Prabhat Kumar, was arrested in connection with a dance program where firing was carried out, resulting in the death of a female dancer. He sought regular bail for offences under Sections 105 and 238 of the BNS and Section 27 of the Arms Act. The prosecution alleged that the firing caused the death, but the petitioner’s counsel argued there was no specific allegation that he fired the fatal shot and that the firing was intended only for display, with no intent to kill. The court noted the absence of a specific charge against the petitioner, the grant of bail to a similarly situated co‑accused, and the petitioner’s clean antecedents and custody since July 2025. Considering these factors, the court decided to enlarge bail, directing the petitioner to be released upon furnishing a bail bond of Rs.10,000 with two sureties. The bail order was made subject to the satisfaction of the learned Additional Chief Judicial Magistrate‑I, Darbhanga.

Issues considered

Whether bail should be granted to the petitioner under Sections 105, 238 of the BNS and Section 27 of the Arms Act.
Whether the absence of a specific allegation of who fired the fatal shot negates the requirement of intent to kill for bail.
Whether the grant of bail to a co‑accused on similar facts influences the bail decision for the petitioner.

Legislation cited

Arms Act — s. 27

Subjects

bail
criminal procedure
Sections 105 BNS
Section 238 BNS
Section 27 Arms Act
intent to kill
co‑accused
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75813 of 2025
                        Arising Out of PS. Case No.-83 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
                 Prabhat Kumar @ Prabhat Singh @ Abhishek Kumar @ Litil S/o Umesh
                 Prasad Singh Resident of Village-Barhad, Police Station- Hathauri, District-
                 Muzaffarpur
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State.

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

                   registered for the offence punishable under Sections 105 and

                   238 of the BNS and under Section 27 of the Arms Act.

                                3. The case of the prosecution is that in a ceremony

                   there was arrangement of dance programme and in that dance

                   programme the petitioner along with others made firing. Further

                   allegation is that as a result of that firing one of the lady dancer

                   received gun shot injury and died during course of treatment.

                                4. Learned counsel for the petitioner has submitted

                   that there is no specific allegation against any person as to who

                   has fired at the dancer. The allegation is that the petitioner and

                   others were making firing and the fire was being done in air
            Patna High Court CR. MISC. No.75813 of 2025(2) dt.12-01-2026
                                                        2/2




                      which means that there was no intention on the part of the

                      petitioner or others to kill anybody. Learned counsel for the

                      petitioner has further submitted that similarly situated co-

                      accused has been granted bail by the learned Co-ordinate Bench

                      vide Cr. Misc. No. 49748 of 2025. The case of this petitioner

                      stands on similar footing. Learned counsel for the petitioner has

                      lastly submitted that the petitioner is having clean antecedent

                      and is in judicial custody since 23.07.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the prayer of bail to the petitioner.

                                   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 released on bail in connection with

                      Jale P.S. Case No. 83 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 A.C.J.M-I, Darbhanga.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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