Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied the petitioner's bail application, holding that the evidence indicates his involvement in the shooting.
Summary
The petitioner, Sumit Kumar, applied for regular bail in a case where he is accused of firing a weapon that injured the informant's son, under sections of the Bhartiya Nyay Sanhita, 2023 and the Arms Act. The prosecution alleges that the petitioner’s firing caused the injury, while the petitioner claims he is falsely implicated due to prior enmity. The court examined the FIR, the investigation findings, and the seriousness of the alleged offence. Finding that the material on record indicates the petitioner’s involvement in the shooting, the court declined to grant bail. The petitioner was allowed to file a fresh bail application after six months or after the charge is framed, whichever is later.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of involvement in a firearm injury.
- Whether the petitioner’s claim of false implication due to enmity is sufficient to merit bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bhartiya Nyay Sanhita, 2023 — s. 109, 126(2), 3(5), 352
Subjects
- regular bail
- firearm injury
- false implication
- Arms Act
- Bhartiya Nyay Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86869 of 2025
Arising Out of PS. Case No.-187 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Sumit Kumar S/O Suresh Sah @ Suresh Sha R/O Mohalla- Kaimashikoh,
Kaua Kho Renter in the house of Bhagat Ji, P.S- Chowk, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Patna City Chowk P.S.
Case no. 187 of 2025 registered under sections 126(2), 352, 109
and 3(5) of the Bhartiya Nyay Sanhita, 2023 and sections
25(1-B)(a), 26, 35 and 27 of the Arms Act.
3. As per the prosecution case, as a result of firing by
the accused persons, it is stated that the son of the informant
sustained firearm injury in his stomach.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case
because of prior enmity between the parties. The allegations are
general and omnibus in nature. The petitioner is in custody since
20.5.2025 and charge sheet has been submitted in the case.
Patna High Court CR. MISC. No.86869 of 2025(3) dt.20-02-2026
2/2
5. The application for bail is opposed by learned
learned APP for the State who submits that it transpired in
course of investigation that it was as a result of firing by the
petitioner that the son of the informant sustained firearm injury.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., the material that has transpired in course of investigation,
the son of the informant having sustained firearm injury as a
result of firing by this petitioner, the Court is not inclined to
regard the petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after 6 months or after framing of charge,
whichever is later.
(Partha Sarthy, J)
Bibhash
U T
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