Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and conditions of personal appearance.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a firing incident that allegedly injured Mamta Devi’s leg and was charged under Section 110 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. The prosecution alleged that the petitioner resorted to firing, while the defence contended that the incident was an accidental blank discharge that unintentionally struck the victim. The injured party’s own statement corroborated the accidental nature of the shooting and the petitioner had no prior criminal record, having been in custody since 4 July 2025. The State opposed bail, but the Court considered the lack of intent, the victim’s declaration, the clean antecedent and the prolonged pre‑trial detention. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties and imposed conditions of personal appearance in court. The bail order was subject to cancellation if the petitioner failed to appear on two consecutive dates without sufficient cause.
Issues considered
- Whether bail should be granted to the petitioner charged under the Bharatiya Nyaya Sanhita and the Arms Act given the alleged firing incident
- Whether the accidental nature of the discharge and the petitioner’s clean antecedent justify bail despite the seriousness of the offences
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 110
Subjects
- bail
- criminal procedure
- Arms Act
- accidental discharge
- intent
- clean antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87597 of 2025
Arising Out of PS. Case No.-87 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Rahul Kumar Son of Jullo Mandal @ Julo Mandal Resident of Village-
Kodwar, P.S.- Ghogha, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Prasad, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 110 of the Bharatiya
Nyaya Sanhita, 2023 and Section 25 (1-b)a, 26, 35 and 27 of the
Arms Act.
3. As per the prosecution case, the allegation
against the petitioner is of resorting to firing.
4. It is submitted by learned counsel for the
petitioner that the present case has been lodged by the S.I. of
Police and not the injured person, who is said to have received
firearm injury on her leg. It is further submitted that during the
course of investigation, the fardbeyan of the injured Mamta
Devi was recorded and even on recording of the same, it appears
Patna High Court CR. MISC. No.87597 of 2025(3) dt.10-02-2026
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that on account of some dispute, the petitioner has shot two
blank firing but accidentally the same hit on her right leg. The
injury report indicates the nature of the injury as simple. It is
further submitted that on the face of the allegations, no intention
to cause any injury can be inferred and moreover the mandatory
provisions of search and seizure has also been flouted as there is
no independent witness to the same. The petitioner has no
criminal antecedent and has been languishing in custody since
04.07.2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and circumstances of the
case and also considering the fardbeyan of the injured herself
who also supports the accidental firing coupled with the fact that
the petitioner has clean antecedent and languishing in custody
since 04.07.2025, the above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Ghogha P.S. Case
No.87 of 2025, subject to the conditions that :
(i) One of the bailors would be family members/close relative of
Patna High Court CR. MISC. No.87597 of 2025(3) dt.10-02-2026
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the petitioner.
(ii) The petitioner shall remain physically present in court on
each and every date during trial and in the event of failure on
two consecutive dates without sufficient reasons, his bail bonds
shall be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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