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Patna High Court

Gajendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied regular bail to the petitioners.

Summary

The petitioners Gajendra Kumar, Nitish Kumar and Sudhir Kumar applied for regular bail in a case registered under Sections 191(2), 190, 103(1), 303 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleging that the FIR did not clearly establish a firearm injury to the deceased. The FIR alleged indiscriminate firing, resulting in one death, injury to another, and looting of Rs. 5 lakhs. The informant’s counsel produced a medical report confirming three bullet wounds on the deceased. Considering the seriousness of the alleged offences, the medical evidence, and the alleged loot and murder, the Court declined to grant regular bail. The applications for regular bail were therefore rejected, with the Court noting its observations were prima facie and not determinative of the trial’s merits.

Issues considered

  • Whether regular bail should be granted to the accused in view of the alleged murder, injury, loot and possession of arms
  • Whether the medical report establishing bullet wounds creates a sufficient ground to deny bail

Legislation cited

Subjects

  • regular bail
  • murder
  • firearms
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • loot
  • medical evidence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.87457 of 2025
                       Arising Out of PS. Case No.-87 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
           1.     Gajendra Kumar S/o Rajnandan Yadav R/o Village - Golakpur, P.S - Kako,
                  District - Jehanabad
           2.    Nitish Kumar S/o Rajnandan Yadav Resident of Village - Golakpur, P.S -
                 Kako, District - Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 68350 of 2025
                       Arising Out of PS. Case No.-87 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 SUDHIR KUMAR S/O Doman Yadav @ Kailash Yadav Resident of Village-
                 Pahal Bigha, Police Station- Kako, and District- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 87457 of 2025)
                 For the Petitioner/s     : Mr. Pritish Kumar Lal, Sr. Advocate
                 For the Opposite Party/s : Mr. Md. Mushtaque Alam
                 For the Informant        : Mr. Sunil Kumar, Advocate
                 (In CRIMINAL MISCELLANEOUS No. 68350 of 2025)
                 For the Petitioner/s     : Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s : Mr. Zainul Abedin
                 For the Informant        : Mr. Sunil Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   27-04-2026                 These cases arise out of the same P.S. Case i.e., Kako

                   P.S. Case No. 87 of 2025; therefore, they are being heard

                   together and disposed of by a common order.

                               2. Heard Mr. Pritish Kumar Lal, learned Senior
Patna High Court CR. MISC. No.87457 of 2025(7) dt.27-04-2026
                                            2/3




          Counsel appearing for the petitioner (Gajendra Kumar) and Mr.

          Nilendu Kumar Choudhary, learned counsel for the petitioner

          (Sudhir Kumar), learned APP for the State, and learned counsel

          for the informant.

                       3. The petitioners seek regular bail in connection with

          Kako P.S. Case No. 87 of 2025 registered for the offence under

          Sections 191(2), 190, 103(1) and 303 of the Bharatiya Nyaya

          Sanhita, 2023 and Section 27 of the Arms Act.

                       4. As per the FIR, the petitioners along with others are

          alleged to have fired indiscriminately, resulting in the death of

          one person and injury to another, and also looted Rs. 5 lakhs.

                       5. It is submitted on behalf of the petitioners that from

          the post-mortem report, it is not clear that the deceased

          sustained firearm injury. The petitioners namely Gajendra

          Kumar and Nitish Kumar are in custody since 19.04.2025

          whereas the petitioner namely Sudhir Kumar is in custody since

          05.07.2025 and has two criminal antecedents.

                       6. Today, in course of hearing, the learned counsel for

          the informant has relied upon the injury report of Dr. Arvind

          Kumar Nanda, Medical Officer, A.S.J.P.Sadar Hospital,

          Jehanabad and has submitted that the doctor who had examined

          the patient at the first stage has that the deceased had sustained
            Patna High Court CR. MISC. No.87457 of 2025(7) dt.27-04-2026
                                                        3/3




                      three bullet wounds.

                                   7. Considering the allegations levelled against the

                      petitioner, the medical report, and                  the   allegations of

                      indiscriminate firing, loot, and murder of the deceased, as well

                      as causing injuries to another victim, this Court is not inclined to

                      grant regular bail to the petitioners.

                                   8. Accordingly, these applications for regular bail

                      stand rejected.

                                   9. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail applications. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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