Patna High Court
Pravin Kumar @ Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail could not be granted given the serious nature of the allegations against the petitioner.
Summary
The petitioner, Pravin Kumar, was accused of assaulting an informant and firing a pistol that injured the informant’s waist, under multiple sections of the B.N.S. and Section 27 of the Arms Act. He applied for anticipatory bail, claiming innocence and alleging political victimisation, while asserting no prior criminal record. The State opposed the bail, highlighting the direct allegation of firing a weapon and corroborating medical evidence of the injury. The Court examined the seriousness of the charges and the circumstances surrounding the alleged offence. Concluding that the nature of the allegations did not merit anticipatory bail, the Court rejected the petitioner’s bail application. Consequently, the petitioner remains liable to arrest under the pending criminal proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of assault and firing a pistol.
- Whether the seriousness of the offences under the B.N.S. and the Arms Act precludes the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- assault
- firearm
- Arms Act
- B.N.S.
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77598 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- CHIKSAUR District- Nalanda
======================================================
Pravin Kumar @ Saurav Kumar S/O Manjeet Prasad @ Munna R/O Vill -
Chakmahadipur, P.S - Chiksaura, Dist - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case instituted
under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of
the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, on the alleged date of
occurrence, while the informant was standing near his gate, the
named accused persons including petitioner came there and
started abusing him and upon objection, they pulled down the
informant and assaulted him. Petitioner is alleged to have fired
from his pistol which hit the right side waist of the informant
due to which he sustained injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.77598 of 2025(3) dt.11-02-2026
2/2
case due to village politics. There is case and counter case.
Petitioner and informant are agnates. Petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner by contending that there is
direct allegation of firing from pistol against the petitioner
which hit on the right side waist of the informant due to which
he sustained injury. He further submits that the gunshot injury
caused to the informant is also corroborated by the injury report,
therefore, the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of the case and
the nature of allegation made against the petitioner, this Court is
not inclined to enlarge the petitioner on anticipatory bail.
Accordingly, his prayer for bail is rejected.
(Sunil Dutta Mishra, J)
Harish/-
U T
Checking your session…