Patna High Court
Annu Kumar @ Amrit RajversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail could not be granted as the specific allegation of firing upon the informant warranted the petitioner’s continued custody.
Summary
Annu Kumar, the petitioner, applied for bail in a criminal case where he is accused under Sections 126(2), 115(2), 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly firing on an informant, causing injuries to the informant's stomach and hand. The petitioner claimed the charges were motivated by a personal grudge and that he had voluntarily surrendered on 13‑05‑2025, after which the charge‑sheet was filed and the charges were framed. The State opposed bail, emphasizing the seriousness of the allegation and the injury report. The Court, after considering the facts, declined to grant bail, stating that the specific allegation of opening fire warranted continued custody, and directed the trial court to expedite the trial. The bail petition was therefore rejected.
Issues considered
- Whether bail should be granted to the accused in light of the alleged shooting and injuries caused to the informant.
- Whether the filing of a charge‑sheet and framing of charges under the B.N.S. and Arms Act preclude the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- chargesheet
- trial expediting
- personal grudge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80821 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Annu Kumar @ Amrit Raj S/o- Krishna Paswan Resident of Village- Laxmi
Sagar, P.S.- L N M U District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No.13, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offences punishable under Sections 126(2), 115(2), 109 and
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he
fired on the informant due to which he sustained injuries on
stomach and hand.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been made accused in this case
on account of some personal grudge and voluntarily surrendered
on 13.05.2025 and since then he is in custody. It is pointed out
that chargesheet has been submitted in this case and charges
Patna High Court CR. MISC. No.80821 of 2025(3) dt.24-02-2026
2/2
have also been framed.
5. Learned APP for the State opposed the bail
petition submitting that there is direct allegation of opening fire
upon the petitioner due to which the informant sustained
injuries in his stomach and hand as would be apparent from the
injury report.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
specific allegation is attributed to the petitioner, I am not
inclined to enlarge the petitioner on bail. Accordingly, the prayer
for bail of the petitioner is hereby rejected. However, the learned
Trial Court is directed to expedite the trial.
(Soni Shrivastava, J)
Trivedi/-
U T
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