Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sanjeet Kumar, was arrested in connection with a case involving alleged firing of a pistol that injured two individuals, and was charged under multiple sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the petitioner shot at the informant and another person, causing grievous injuries. The petitioner contended that he was not present at the scene, had no criminal record, and that the medical reports did not conclusively establish the injuries as grievous. After hearing arguments from both sides, the court considered the lack of concrete forensic evidence and the petitioner’s antecedents. The court decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties. The bail order was issued by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the B.N.S. and the Arms Act
- Whether the evidence of injury and alleged firing is sufficient to justify continued detention
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- grievous injury
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86307 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- NARAINPUR District- Bhojpur
======================================================
Sanjeet Kumar, Son of Bhupendra Singh, Resident of village- Ahile, P.S.-
Narayanpur, Distt- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sahja Nand Sharma, Advocate
For the State : Mr. Awadhesh Kumar Singh, APP
For the Informant : Mr. Chandan Kumar Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Narayanpur P.S. Case No. 47 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109,
352,351(2) and 3(5) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that as the
petitioner took out pistol from his waist, the informant tried to
flee away but he made a fire and gunshot hit in right hand near
elbow. When the informant started crying, second fire was also
made which hit in the buttock of one Sintu Singh.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.86307 of 2025(3) dt.03-02-2026
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committed no offence. He has been falsely implicated in this
case. Petitioner is the agnate of the informant and that he was
not present at the time of the occurrence as he working outside
Bhojpur. It has further been submitted that from perusal of the
injury report it will transpire that first injury which was caused
to Gajendra Kumar according to him the injury is on the
forearm. The doctor has not found any fracture or anything but
has simply opined that the injury is grievous. Likewise, the
injury of Sintu Singh has also been opined to be grievous.
Admittedly, both the injuries were caused by gunshot but as far
as nature is concerned, the nature of injury which is opined by
the doctor is not based on any X-ray or C.T. Scan rather it is
only on the basis of his personal satisfaction and clinically it
cannot be opined that any injury is simple or grievous without
X-ray or C.T. Scan. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 05.06.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail. Learned counsel for the informant has
submitted that the petitioner has fired at two persons.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
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inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M. 1st, Bhojpur at Ara in connection with Narayanpur P.S.
Case No. 47 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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