Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita — s. 109, 3(5)
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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