Patna High Court

Prashuram KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Prashuram Kumar, was arrested in connection with a violent incident in which several accused allegedly fired pistols and assaulted the son of an informant, resulting in the victim's death. The FIR charges him under Section 103(1) of the B.N.S., 2023 and Section 27 of the Arms Act, but the post‑mortem report shows only a single blunt‑force injury, creating a discrepancy with the FIR. The petitioner has been in custody since 1 August 2025, while a similarly situated co‑accused, Raushan Kumar, was previously granted bail. The petitioner’s counsel argued that the inconsistency between the FIR and the medical evidence, along with the prolonged detention, warranted bail. The State opposed the bail, but the Court, considering the facts and the earlier bail order, granted bail on a bond of Rs 10,000 with two sureties.

Issues considered

Whether the discrepancy between the FIR and the post‑mortem report justifies granting bail to the petitioner.
Whether the period of custody and the precedent of bail granted to a co‑accused warrant bail in the present case.

Legislation cited

Arms Act — s. 27
B.N.S., 2023 — s. 103(1)

Subjects

bail
Section 103
Arms Act
post‑mortem discrepancy
criminal procedure
custody period
precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86193 of 2025
                     Arising Out of PS. Case No.-149 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Prashuram Kumar S/o Late Pramod Yadav Resident of Village- Gyantol, P.S.-
                 Sahebpur Kamal, District- Begusarai
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arjun Prasad
                 For the Opposite Party/s :      Mr.Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case punishable for

                   the offence under Section 103(1) & other allied sections of the

                   B.N.S., 2023 and Section 27 of the Arms Act.

                                3. It is alleged that on the order of co-accused Sita

                   Devi and Rani Devi, co-accused Dabloo Yadav, Ticker Yadav,

                   Gaurav Yadav, Raushan Yadav (petitioner), Parshuram Yadav

                   and Uma Yadav took out pistol from their waist and started

                   indiscriminate firing. All of them assaulted son of informant

                   with butt of pistol, due to which, he sustained several injuries

                   and thereafter, all the accused persons took him and fled

                   towards Gyantol. Subsequently, the dead-body of informant’s

                   son was found covered in sand in Diyara area of Ganga river.
           Patna High Court CR. MISC. No.86193 of 2025(2) dt.27-01-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that as

                     per F.I.R., this petitioner and other five named accused persons

                     are alleged to have fired and assaulted son of informant with

                     butt of pistol, but in the post-mortem report, only one injury has

                     been found on the person of deceased, caused by hard & blunt

                     substance. Thus, F.I.R. stands contradicted by the post-mortem

                     report. Similarly situated co-accused Raushan Kumar has been

                     granted bail by this Court, vide order dated 04.12.2025 passed

                     in Cr.Misc. No. 84548 of 2025. Petitioner is in custody since

                     01.08.2025. Chargesheet has been submitted.

                                  5. Learned A.P.P. for the State and learned counsel for

                     the informant opposed the prayer for bail.

                                  6. Considering the aforesaid facts and circumstances

                     as well as period of custody, let the above named petitioner be

                     released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned District and Addl. Sessions Judge – II,

                     Begusarai in connection with S.T. No. 1186 of 2025, arising out

                     of Sahebpur Kamal P.S. Case No. 149 of 2025.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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