Patna High Court
VIMAL KUMAR @ BHUTU SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJEEV RANJAN PRASAD
Holding
Anticipatory bail was granted subject to bond and conditions because the prosecution failed to substantiate any injury to the informant.
Summary
The petitioner, Vimal Kumar, applied for anticipatory bail in connection with a case alleging that he fired a double‑barrel gun at an informant, invoking Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The informant escaped unharmed and later stated he had not received any medical treatment, leading the court to note the lack of substantiated injury. Although the petitioner has four prior criminal cases, all are currently on bail. The State and the informant opposed the bail, but the court found the prosecution’s evidence insufficient to justify denial of bail. Consequently, the court granted anticipatory bail on the condition of a Rs. 25,000 bond with two sureties, appearance before the investigating officer within three weeks, and verification of the petitioner’s antecedents, with bail liable to cancellation if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted despite allegations under IPC Sections 307/34 and Arms Act Section 27.
- Whether the absence of any injury to the informant negates the seriousness of the offence for bail purposes.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 307, 34
Subjects
- anticipatory bail
- pre‑arrest bail
- IPC 307
- IPC 34
- Arms Act 27
- double barrel gun
- criminal antecedent
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79931 of 2023
Arising Out of PS. Case No.-1371 Year-2022 Thana- BIHTA District- Patna
======================================================
Vimal Kumar @ Bhutu Singh S/o Late Tapeshwar Singh Resident of
Kharagpur Kanchanpur, PS. Bihta, Dist. Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
Ms. Priyanka Singh, Advocate
For the State : Mr. Nirmal Kumar Sinha, APP
For the Informant : Mr. Shivendra Prasad, Advocate
Ms. Chandni Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
6 25-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner, in the present case, is seeking pre-
arrest bail in connection with Bihta P.S. Case No. 1371 of 2022
registered for the offences punishable under Sections 307/34 of
the Indian Penal Code and Section 27 of the Arms Act. The
petitioner has got four criminal antecedent as per statement in
paragraph '3' of the application, however, it is submitted that in
all the four cases, the petitioner is on bail.
3. As per the prosecution story on 20.12.2022, while
the informant was sitting at his dalan, all of a sudden this
petitioner along with other accused persons variously armed
Patna High Court CR. MISC. No.79931 of 2023(6) dt.25-02-2026
2/3
came and fired twice by double barrel gun. The informant
somehow managed to escape and hid himself in the house. The
police was informed and upon arrival of the police, the culprits
fled away.
4. It is evident from the FIR that the allegations
against the petitioner is of firing from a double barrel gun. This
Court had called for the injury report. It has been informed vide
Memo No. 520 of 2024 dated 21.08.2024 by the Officer-in-
Charge of Amhara Police Station that the informant
Pashupatinath Sharma has given written information to the
police station that he had not been treated in any hospital.
5. Learned A.P.P. for the State and learned counsel for
the informant have though opposed the prayer for anticipatory
bail of the petitioner but finding that the allegation of firing by a
double barrel gun is not getting substantiated with any injury of
the informant, this Court directs that in case of his
arrest/surrender within a period of four weeks from today, let the
petitioner above-named be enlarged on bail on furnishing bail
bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties
of the like amount each to the satisfaction of learned Additional
Sessions Judge-VI, Danapur (Patna) in connection with Bihta
P.S. Case No. 1371 of 2022 subject to the conditions as laid
Patna High Court CR. MISC. No.79931 of 2023(6) dt.25-02-2026
3/3
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
6. The petitioner shall appear before the Investigating
Officer in the police station within three weeks from today and
shall cooperate with the investigation.
7. And further condition that the learned trial court
shall verify the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has concealed his
criminal antecedent, the learned trial court 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.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J)
Rishi/-
U T
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