Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Sudhir Kumar, a security guard, was implicated in a FIR alleging offences under Sections 125(a) and 125(b) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, stemming from alleged mishandling of a firearm that caused minor injuries to three persons. He applied for anticipatory bail, asserting that the injuries were accidental, that he had no intent to cause harm, and that he possessed a clean antecedent. The State opposed the bail, contending the seriousness of the alleged offences. The Court, after considering the nature of the accusation, the petitioner’s clean record, and the accidental character of the injuries, granted anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under Sections 125(a), 125(b) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act
- Whether the petitioner’s clean antecedent and the accidental nature of the injuries justify the grant of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 125(a), 125(b)
Subjects
- anticipatory bail
- criminal procedure
- firearms injury
- clean antecedent
- bail bond
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83507 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- GANDHIMAIDAN District- Patna
======================================================
Sudhir Kumar Son of Hardeo Prasad Village- Karanpura PS- Sigori Dist
-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 125(a), 125(b) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., due to mishandling of the gun of this
petitioner, who was posted as security guard as Registry Office,
informant and two other persons sustained several firearms
injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injuries
sustained by the injured are simple in nature. It is further
submitted that it is a case accidental injury and there is no
allegation against the petitioner that he intentionally caused the
firearms injuries. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.83507 of 2025(2) dt.06-01-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate, Patna in connection with Gandhi Maidan P. S. Case
No. 385 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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