Patna High Court
Sashi Kumar @ Sashibhushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court rejected the petitioners' anticipatory bail application.
Summary
The petitioners, three residents of Goraipur, applied for anticipatory bail fearing arrest in connection with a case involving alleged assault and firing that resulted in the death of a minor informant. The informant claimed the petitioners were present when her brother was assaulted and a firearm was discharged, causing her injury; she later died in hospital. The petitioners argued they were falsely implicated, that no specific allegation linked them to the firing, and that the assault allegation was vague. The State contended that the petitioners' presence facilitated the shooting, that the victim was a minor who died, and that the petitioners, especially those with prior convictions, might abscond. After considering the submissions, the court declined to grant anticipatory bail, finding the allegations serious enough to warrant custody.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the petitioners' alleged presence at the scene makes them liable for the firing that caused the victim's injury and death.
- Whether the petitioners pose a risk of absconding given their prior criminal antecedents.
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 109(1), 115(2), 117(2), 118(2), 126(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- anticipatory bail
- false implication
- criminal antecedent
- minor victim
- arms act
- assault
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78059 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- NAGARNAUSA District- Nalanda
======================================================
1. Sashi Kumar @ Sashibhushan Kumar S/O Ashok Paswan R/O Village-
Goraipur, P.S.- Nagarnausa, District- Nalanda, Bihar
2. Vijay Paswan S/O Vinay Paswan R/O Village- Goraipur, P.S.- Nagarnausa,
District- Nalanda, Bihar
3. Ajay Paswan S/O Banke Paswan R/O Village- Goraipur, P.S.- Nagarnausa,
District- Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Adv.
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Nagarnausa P.S. Case No. 168 of 2025 registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(2), 117(2), 109(1), 352, 351(3) and 103 of the BNS,
2023 read with Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case, petitioner no. 2 is a
person with clean antecedent and petitioner no. 3 has antecedent
of two cases and the informant alleges that on 07.07.2025 at
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08:00 AM, she heard that accused persons including the
petitioners are assaulting her brother Chandu, accordingly, she
reached the place of occurrence and saw Raju, Pappu, Amarjeet,
Sujit, Ashok, Ajay and Vijay were assaulting her brother when
she tried to intervene to save him, accused Raj Kumar fired
causing firearm injury on her thigh, accordingly she was taken
to hospital where her fardbayan was recorded.
4. Learned counsel appearing on behalf of the
petitioners submits that petitioners have been falsely implicated
in the instant case by the informant. It is next submitted that
even presuming what has been alleged is true without admitting
then specific allegation of firing is against Raj Kumar and
petitioners are not alleged to have fired causing firearm injury to
the informant rather it is alleged that the accused persons
including the petitioners were assaulting her brother Chandu,
but then allegation of assault is also not specific rather is general
and omnibus in nature.
5. Learned A.P.P. for the State vehemently opposes
the anticipatory bail application and submits that no doubt
petitioners are not alleged to have fired causing firearm injury to
the informant, but then informant, a minor aged about 15 years,
died during the course of treatment after 20 days of the
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occurrence. It is further submitted that the presence of the
accused persons including the petitioners at the place of
occurrence emboldened Raj Kumar to commit the occurrence of
firing causing firearm injury to the informant leading to her
death subsequently. It is next submitted that investigation of the
case is in its nascent stages and if privilege of anticipatory bail
is granted to the petitioners, the petitioners may abscond, as
petitioner nos. 1 and 3 have criminal antecedent even.
6. Considering the submissions made by the learned
APP for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner.
7. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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