Patna High Court

Ojindra KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: HARISH KUMAR

Holding

The Court granted pre‑arrest bail to the petitioner, subject to bond and surety conditions.

Summary

Ojindra Kumar sought pre‑arrest bail after being implicated in a case (PS‑148/2025) alleging offences under several sections of the Bharatiya Nagrik Suraksha Sanhita and Section 27 of the Arms Act. The alleged incident on 12‑07‑2025 involved a dispute where the petitioner was accused of firing at an informant, who escaped unharmed. The petitioner argued that there was a prior dispute, no empty cartridges or firing evidence were recovered, and he has a clean antecedent with no injury to the informant. The State opposed bail, contending the informant was fortunate to escape injury. The Court, noting the lack of material evidence, the petitioner’s fair antecedent, and absence of any injury, granted bail subject to a bond of Rs.10,000 with two sureties and a family member as one bailor, under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether pre‑arrest bail should be granted in the absence of material evidence and injury under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

Legislation cited

Arms Act — s. 27
Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)

Subjects

pre‑arrest bail
bail under inherent powers
lack of evidence
fair antecedent
arms act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85683 of 2025
                      Arising Out of PS. Case No.-148 Year-2025 Thana- BEERPUR District- Begusarai
                 ======================================================
                 Ojindra Kumar Son of Late Ramchandra Mahto R/V Barhara, P.S. - Birpur,
                 Dist. - Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nakul Kumar Jamuar, Adv.
                 For the Opposite Party/s :        Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Birpur P.S. Case No. 148 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 352, 351(2),

                   109 and 3(5) of the BNS and Section 27 of the Arms Act.

                                3. In the fateful night of 12.07.2025, the accused

                   persons along with the informant barged into the house of the

                   informant and started abusing. It is specifically alleged that this

                   petitioner has fired upon the informant, however, she anyhow

                   escaped.

                                4. Learned Advocate for the petitioner referring to the

                   FIR contended that admittedly there is a previous dispute

                   standing between the parties and, as such, false implication of
Patna High Court CR. MISC. No.85683 of 2025(2) dt.05-01-2026
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          the petitioner cannot be ruled out, that too, in a situation where

          neither any empty cartridge nor any evidence of firing has been

          found during the course of investigation. Moreover, the

          petitioner bears fair antecedent and in the said incidence, none

          has sustained any injury.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          informant was fortunate enough that he did not sustain any

          injury.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the nature of accusation, coupled with the fact that there is no

          material collected during the course of investigation to support

          the accusation, besides the fair antecedent of the petitioner and

          the fact that none has sustained any injury, let the petitioner

          above named be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, upon

          furnishing bail bonds of Rs.10,000/- (ten thousand) with two

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

          Judicial Magistrate 1st Class, Begusarai in connection with

          Birpur P.S. Case No. 148 of 2025, subject to the conditions laid
            Patna High Court CR. MISC. No.85683 of 2025(2) dt.05-01-2026
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                      down in Section 482(2) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023 with the further condition that one of the bailors

                      shall be the own/close family members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T

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