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Patna High Court

Pradeep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Petitioner Pradeep Kumar was arrested in connection with a case registered under Sections 109/3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly firing in the air to threaten an informant during a village altercation. The petitioner claimed he was falsely implicated and that no incriminating article was recovered. The State opposed bail, alleging the petitioner attempted to kill the informant and created terror by indiscriminate firing. The High Court, after considering the facts, the period of custody since 28 July 2025, and the seriousness of the allegations, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions including attendance before the trial court and verification of his criminal antecedents. The order also stipulated that any violation of bail conditions could lead to cancellation of the bail.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 109/3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act considering the nature of the alleged offence and the period of custody.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bhartiya Nyaya Sanhita
  • false implication
  • intimidation
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76121 of 2025
                       Arising Out of PS. Case No.-121 Year-2025 Thana- CHANDI District- Bhojpur
                 ======================================================
                 Pradeep Kumar S/O Sri Devraj Singh @ Malik Yadav R/O Vill.- Ramnagar,
                 Kunjan Tola, P.S.- Chandi, Dist.- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rahul Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 For the Informant        :       Mr. Md. Ataul Haque, Advocate
                                                  Mr. Madavav Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   08-01-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Chandi

                   P.S. Case No. 121 of 2025 dated 28.07.2025 registered for the

                   offences punishable under Sections 109/3(5) of the Bhartiya

                   Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner is alleged

                   to have made fire in the air to threaten the informant and others

                   in an altercation which had taken place in the village.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case and no such

                   incident has occurred. It has further been submitted that no

                   incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.76121 of 2025(2) dt.08-01-2026
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          possession of the petitioner and only to implicate more and

          more persons a false and concocted story has been made

          alleging that the petitioner had fired in the air. It has lastly been

          submitted that the petitioner though has one criminal case

          against his name in which he is on bail. The petitioner is in

          custody in the present case since 28.07.2025.

                       5. Learned APP for the State as well as the learned

          counsel for the informant have vehemently opposed the prayer

          for bail of the petitioner and have stated that the petitioner along

          with other tried to kill the informant and others and they have

          created a terror in the area by resorting to indiscriminate firing.

                       6. Considering the facts and circumstances of the case

          and the period of custody of the petitioner, he is directed to be

          released on bail on his furnishing bail bonds in the sum of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Judicial Magistrate,

          Bhojpur at Ara in connection with Chandi P.S. Case No. 121 of

          2025, subject to 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 trial court, if so required by the learned
            Patna High Court CR. MISC. No.76121 of 2025(2) dt.08-01-2026
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                      trial court:

                                   (iii) in case of absence on two consecutive dates or in

                      violation of the terms of the bail, the bail bonds of the petitioner

                      will liable to be cancelled by the court concerned:

                                   (iv) the court below shall verify the criminal

                      antecedent of the petitioner and in case at any stage, it is found

                      that the petitioner has concealed his criminal antecedent, the

                      court below shall take step for cancellation of bail bonds of the

                      petitioner. However, the acceptance of bail bonds in terms of the

                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification;

                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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