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Patna High Court

Pravin Kumar @ Saurav KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352

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


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