Patna High Court

Shyam Kumar @ Shyam Kumar SinghversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted as the nature of the accusation and the petitioner’s prior criminal antecedent warranted denial.

Summary

Shyam Kumar petitioned for anticipatory bail after an FIR alleged that he fired a bullet at an informant, causing firearm injury. The FIR charges him under Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act, and notes a prior criminal antecedent. The petitioner feared arrest and sought pre‑emptive bail. The Court examined the seriousness of the alleged offences and the existence of a prior conviction. Considering the nature of the accusation and the criminal antecedent, the Court rejected the anticipatory bail application. Consequently, the petition for bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences and his criminal antecedent.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 109, 3(5)

Subjects

anticipatory bail
criminal antecedent
Arms Act
bail denial
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.79856 of 2025
                           Arising Out of PS. Case No.-322 Year-2024 Thana- RIGA District- Sitamarhi
                    ======================================================
                    Shyam Kumar @ Shyam Kumar Singh S/O Jaymangal Singh R/O Village -
                    Kapraul, Ward No.- 12, P.S- Riga, Distt.- Sitamarhi
                                                                               ... ... Petitioner/s
                                                       Versus
                    The State of Bihar
                                                                        ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Hans Lal Kumar
                    For the Opposite Party/s :        Mr.Ahmad Ali
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      09-02-2026                     Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 109, 3(5) of the

                      B.N.S. and Section 27 of the Arms Act.

                                   3. As per F.I.R., this petitioner fired bullet on the

                      informant, causing fire-arm injury to him. Petitioner has got one

                      criminal antecedent.

                                   4. Considering the nature of accusation and criminal

                      antecedent,       the prayer for anticipatory bail of petitioner is

                      rejected.



                                                      (Prabhat Kumar Singh, J)
anay

U        T

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