Patna High Court

Bolbam PrasadversusThe State Of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

Bolbam Prasad applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, alleging that he fired a weapon causing grievous injury to the husband of an informant. The petitioner contended that he and the injured party are brothers and that he was falsely implicated, noting the absence of the injured’s statement in the investigation record. He had been in custody since 28 June 2025, and a charge‑sheet had already been filed. The State opposed bail, acknowledging the missing statement but emphasizing the seriousness of the charges. After considering the FIR allegations, the investigation material, the seven‑month pre‑trial detention, and the lack of a victim’s statement, the court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether regular bail should be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita and the Arms Act after charge‑sheet filing.
Whether the absence of the injured victim’s statement warrants bail.
Whether prolonged pre‑trial detention of seven months justifies the grant of bail.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 329(4), 3(5), 351(2), 351(3), 352

Subjects

bail
pre‑trial detention
false implication
arms act
Bharatiya Nyaya Sanhita
charge sheet
victim statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87910 of 2025
                      Arising Out of PS. Case No.-405 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Bolbam Prasad, S/O Tripurari Prasad, R/O Mohalla- Lahladpur, P.S.-
                 Gaurichak, District- Patna
                                                                     ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mani Shankar Kumar, Advocate
                                                  Mr. Sanoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Upendra Kumar, 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 Gaurichak P.S. Case

                   no.405 of 2025, registered under sections 109, 126(2), 115(2),

                   329(4), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and section 27 of the Arms Act.

                                 3. As per the prosecution case, the informant states

                   that the petitioner along with one another came to her house and

                   as a result of firing resorted to by the petitioner, the husband of

                   the informant sustained grievous injuries.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner and the husband of the informant are full brothers and

                   the petitioner has been falsely implicated in the case. No such

                   occurrence as alleged in the F.I.R. has taken place and the
            Patna High Court CR. MISC. No.87910 of 2025(3) dt.20-02-2026
                                                        2/2




                      manner of occurrence is other than what has been narrated. No

                      statement of the injured has been recorded in course of

                      investigation. The petitioner is in custody since 28.6.2025 and

                      charge-sheet has been submitted in the case.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State who opposes the application for bail,

                      however submits that it is correct that no statement of the

                      injured is available in the case diary.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the F.I.R., the

                      material that has transpired in course of investigation, the

                      petitioner having remained in custody for 7 months since

                      28.6.2025 and charge-sheet having been submitted in the case,

                      the petitioner is directed to be enlarged on bail in connection

                      with Gaurichak P.S. Case no.405 of 2025, 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

                      Additional Chief Judicial Magistrate-II, Patna City, Patna.


                                                     (Partha Sarthy, J)
avinash/-
U       T

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