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Patna High Court

Hariom KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.

Summary

Hariom Kumar was arrested on 18 July 2025 in connection with a case alleging that he fired at the brother of an informant on 25 May 2025, causing firearm injuries. The FIR, dated 26 May 2025, charges him under several sections of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended that he is innocent, that the informant is not an eye‑witness, and that the medical report does not corroborate the alleged injury. The prosecution opposed bail, citing the seriousness of the offences, the existence of a firearm injury, and a prior criminal antecedent. The court, after considering the material, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that the bail bond be accepted without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of the offences under the Bharatiya Nyay Sanhita and the Arms Act
  • Whether the evidence on record justifies continued detention
  • Whether the accused poses a risk of tampering with evidence or witnesses

Legislation cited

Subjects

  • bail
  • criminal procedure
  • firearms offence
  • Bharatiya Nyay Sanhita
  • Arms Act
  • trial cooperation
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77854 of 2025
                   Arising Out of PS. Case No.-166 Year-2025 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
                 Hariom Kumar Son of Late Bachandeo Ray @ Bachandeo Ray @ Late
                 Bachan Dev Singh @ Bachan Dev Singh R/o Village - Gaura, Ward No. 09,
                 Gaura, P.S. - Teghra, District - Begusarai.



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :      Mr. Tarun Prasad Mandal, APP
                 For the Informant        :      Mr. Ram Shankar Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-01-2026                      Heard Mr. Sandip Kumar Gautam, learned counsel

                   for the petitioner, Mr. Ram Shankar Kumar, learned counsel for

                   the Informant as well as Mr. Tarun Prasad Mandal, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   18.07.2025 in connection with Bhagwanpur P.S. Case No. 166

                   of 2025, F.I.R. dated 26.05.2025 for the offences punishable

                   under Sections 126(2), 115(2), 352, 351(3), 109(1), 3(5) of the

                   Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.

                               3.     According to prosecution case, the informant

                   alleged that on 25.05.2025, then FIR named accused persons
Patna High Court CR. MISC. No.77854 of 2025(3) dt.22-01-2026
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          called his brother from house to participate in feast. At about

          9:30 PM, the informant got information on mobile phone that

          the petitioner has fired upon his brother and he somehow

          managed to escape. On this,when the informant along with

          police reached, they saw his brother had sustained fire arm

          injury and then he was admitted to private hospital for

          treatment.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. It appears from the FIR that informant is not the

          eye witness of the alleged occurrence and on the basis of

          information furnished by the victim the present FIR is instituted

          and from bare perusal of the statement of the victim which is

          recorded in paragraph-16 of the case diary it appears that the

          victim stated that petitioner hit him in left part of stomach but

          the injury report of the informant does not support the allegation

          in the FIR. He further submits that the police after investigation

          submitted the charge sheet and the petitioner is in custody since

          18.07.2025.

                      5. The learned Additional Public Prosecutor and

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioner and submits that there is direct
Patna High Court CR. MISC. No.77854 of 2025(3) dt.22-01-2026
                                            3/4




          and specific allegation of firing attributed against the petitioner

          and the victim has received fire arm injury and apart from that

          the petitioner carries one criminal antecedent other than the

          present one but fairly submits on the basis of paragraph-3 of the

          bail application that the petitioner is on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Judicial

          Magistrate, Begusarai in connection with Bhagwanpur P.S. Case

          No. 166 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that 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
            Patna High Court CR. MISC. No.77854 of 2025(3) dt.22-01-2026
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                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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