Patna High Court
Hariom KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(3), 352
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
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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
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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
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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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