Patna High Court

Sanjay Kumar PrasadversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Sanjay Kumar Prasad, was charged with offences under Sections 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly firing a pistol at the son of an informant, resulting in the victim's death. The petitioner has a prior criminal antecedent. He applied for bail before the High Court of Patna, arguing that he should be released pending trial. The Court examined the seriousness of the alleged homicide, the statutory provisions invoked, and the petitioner’s criminal record. Considering the gravity of the accusation and the antecedent, the Court rejected the bail application. The trial court was directed to expedite the trial as the petitioner had been in custody since 2 March 2025.

Issues considered

Whether bail should be granted to the petitioner under Sections 103(1), 3(5) of the B.N.S. and Section 27 of the Arms Act considering the nature of the offence and his criminal antecedent.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103(1), 3(5)

Subjects

bail
criminal antecedent
Arms Act
homicide
trial expediting

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.77755 of 2025
                             Arising Out of PS. Case No.-32 Year-2025 Thana- Nagara District- Saran
                    ======================================================
                    Sanjay Kumar Prasad S/o Vidyasagar Prasad R/o Village- Rasalpur, P.S.-
                    Nagra, District- Saran at Chapra
                                                                          ... ... Petitioner/s
                                                     Versus
                    The State of Bihar
                                                                   ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Noumaan Ahmad
                    For the Opposite Party/s :        Mr.Anil Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      27-01-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. The petitioner seeks bail in a case registered for

                      offence under Sections 103(1), 3(5) of B.N.S. and Section 27 of

                      the Arms Act.

                                   3. As per F.I.R., this petitioner fired upon son of

                      informant with pistol, as a result of which, son of informant fell

                      down and succumbed to his injuries. Petitioner has got one

                      criminal antecedent.

                                   4. Considering the nature of accusation and criminal

                      antecedent,        the prayer for bail of petitioner is rejected.

                      However, since petitioner is in custody since 02.03.2025, the

                      learned trial court is directed to expedite the trial.



                                                 (Prabhat Kumar Singh, J)
anay

U        T

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