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Patna High Court

Praveen Kumar @ Praveen YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court inclined to enlarge the petitioner on bail, granting the bail application.

Summary

Petitioner Praveen Kumar was arrested in connection with a case registered under Sections 103(1), 3(5) and 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act, alleging that he shot a man named Govind Kumar during a dispute. The prosecution’s version, based on the informant’s son’s mobile testimony, claimed the petitioner fired at the deceased after the latter was seized by a third person, resulting in the victim’s death. The petitioner contended that he was falsely implicated, highlighting contradictions between the FIR, the eye‑witness statement, and the post‑mortem report, and pointing to an unexplained delay in filing the FIR despite an earlier inquest and autopsy. He also asserted that the shooting could not have been from close range as alleged, and that the dispute was essentially a land conflict. After hearing both sides, the Court found merit in the petitioner's arguments regarding the procedural irregularities and granted him bail on the condition of a Rs.10,000 bond with two sureties and compliance with trial attendance requirements.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the B.N.S., 2023 and the Arms Act
  • Whether the delay in filing the FIR and contradictions in the prosecution’s evidence justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • delay in FIR
  • contradictory evidence
  • land dispute
  • Arms Act
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7936 of 2026
                    Arising Out of PS. Case No.-119 Year-2025 Thana- KASIMBAZAR District- Munger
                 ======================================================
                 Praveen Kumar @ Praveen Yadav Soin of Narayan Yadav Resident of
                 Mohalla- South Shastri Nagar, P.S.- Kasim Bazar, District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vipin Kumar, Advocate
                 For the Opposite Party/s :      Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        CAV ORDER

4   25-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner has prayed for bail in connection with

                   Kasim Bazar P.S. Case No. 119 of 2025 registered for the offence

                   punishable under Sections 103(1), 3(5) and 61(2) of B.N.S., 2023

                   and Section 27 of the Arms Act.

                           3. The case of the prosecution in short is that the

                   informant’s son namely, Gautam works in a private company in

                   Patna. On 01.05.2025, the informant has gone to meet his son. On

                   02.05.2025, when he was returning from Patna, his other son,

                   namely,      Sonu      informed     him     on     mobile     that    Govind

                   Kumar(informant’s son) was being taken out of the house by the

                   petitioner and one Vikash and started assaulted him and when

                   Sonu, Chotu and Gautam went to rescue, the gun was pointed and
Patna High Court CR. MISC. No.7936 of 2026(4) dt.25-03-2026
                                            2/4




          Vikash has caught Govind and this petitioner fired at him due to

          which, Govind succumbed to the injury.

                  4. Learned counsel appearing on behalf of the petitioner

          has submitted that petitioner is innocent and has committed no

          offence. He has been falsely implicated in this case. He has

          further submitted that in this case, from perusal of the FIR, it is

          clear that the informant is not the eye witness rather his son Sonu

          informed him on mobile regarding the occurrence. It has further

          been submitted that from perusal of the FIR, it will transpire that

          the occurrence is of 02.05.2025 at 9:30 PM whereas the FIR was

          lodged on 04.05.2025 at about 7 AM. It has further been

          submitted that from perusal of the diary, it will transpire that the

          inquest of the deceased was conducted on 03.05.2025 at 2:40 AM

          and the postmortem of the deceased was also conducted on

          03.05.2025 at 8:20 AM, despite that, the FIR has been lodged on

          04.05.2025 and there is no explanation of the delay. It has further

          been submitted that from perusal of the postmortem report, it will

          also transpire that two bullet injuries were found on the person of

          the deceased out of which, one is entry wound and second is exit

          wound. It has been submitted that from perusal of the postmortem

          report, it transpires that the doctor conducting the autopsy of the

          deceased has not found any blackening or charring, it means, the

          fire was not made from a blank range rather the fire was made
Patna High Court CR. MISC. No.7936 of 2026(4) dt.25-03-2026
                                            3/4




          from some distance, so the story that Vikash has caught hold the

          deceased and this petitioner has fired, seems improbable. If the

          fire is made from some distance, there is every possibility that the

          person who has caught hold may also receive the gun shot. In

          such cases, generally, the fire is made from blank range. From

          perusal of the statement of Sonu who is according to the case of

          the prosecution is the eye witness of this case, it is clear that he

          has stated that this petitioner has pointed the gun on the chest of

          the deceased and it is further stated by him that as they were

          proceeding, this petitioner fired at the chest of the deceased. It is

          further stated by him that this petitioner also fired at the Sonu and

          other. Learned counsel has submitted that as per FIR, one Vikash

          has caught hold the deceased and after that, this petitioner has

          fired at the deceased whereas as per the statement of Sonu, he is

          an eye witness, there is no role of Vikash rather it is stated that

          the petitioner has fired. Learned counsel has further submitted

          that from perusal of the entire material, it is clear that there was

          land dispute between the deceased and the petitioner and there is

          major contradiction in the case of prosecution in FIR and in the

          statement of the eye witness. The delay which has occurred in

          filing of the FIR speaks a lot, it has given time to the prosecution

          for concocting a story for implicating the petitioner. Moreover,

          the petitioner is languishing in judicial custody since 07.05.2025.
             Patna High Court CR. MISC. No.7936 of 2026(4) dt.25-03-2026
                                                         4/4




                               5. The application for bail is vehemently opposed by

                       learned APP for the State.

                               6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case as stated

                       above, this Court is inclined to enlarge the petitioner on bail. The

                       above named petitioner is directed to be enlarged on bail

                       furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with

                       two sureties of the like amount each to the satisfaction of learned

                       CJM, Munger in connection with Kasim Bazar P.S. Case No. 119

                       of 2025 with a condition that the petitioner shall cooperate in

                       trial and shall remain physically present in the trial court on

                       each and every fixed date by the learned trial court till the

                       disposal of this case.



                                              (Ashok Kumar Pandey, J)
shubham/-
AFR/NAFR                NAFR
CAV DATE                11.03.2026
Uploading Date          25.03.2026
Transmission Date       25.03.2026


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