Patna High Court
Amit kumar @ Rifle Yadav @ Rifle RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Amit Kumar, was arrested on 4 December 2024 in connection with FIR No. 163 of 2024 alleging that he fired upon a victim, causing a non‑vital leg injury, and that three empty cartridges were recovered from the scene. The charges were under Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The petitioner sought bail, contending that the injury was not life‑threatening and that he was already on bail in nine other pending cases. The State opposed bail, emphasizing the direct allegation of firing, the victim’s gunshot injury, and the petitioner’s extensive criminal history. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedents, and ordered that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the allegation of firing and the victim’s injury.
- Whether the petitioner’s prior criminal cases and pending bail status affect the grant of bail.
Legislation cited
Subjects
- bail
- Arms Act
- criminal antecedent
- non‑vital injury
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88547 of 2025
Arising Out of PS. Case No.-163 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali
======================================================
Amit kumar @ Rifle Yadav @ Rifle Rai son of Shekhar Rai Resident Of
Village- Dighi Kala, Ps- Hajipur Sadar Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Puja Kumari, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Ms. Puja Kumari, learned counsel for the
petitioner and Mr. Md. Fahimuddin, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
04.12.2024, in connection with Industrial Area Hajipur P.S.
Case No. 163 of 2024, F.I.R. dated 01.11.2024 registered for
the offences punishable under Sections 109, 3(5) of B.N.S. and
Section 27 of the Arms Act.
3. Allegation against the petitioner is that he has fired
upon the victim due to which he received firearem injury.
4. Learned counsel for the petitioner submits that
although there is specific allegation against the petitioner that he
fired upon the victim and the victim has received firearem injury
and the police has recovered three empty cartridges from the
place of occurrence. It appears from the F.I.R. that the victim
Patna High Court CR. MISC. No.88547 of 2025(3) dt.22-01-2026
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has received injury on his leg which is not the vital part of the
body and the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
04.12.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that there is specific and direct allegation
of firing attributed against the petitioner and the victim has
received gunshot injury apart from aforesaid the petitioner
carries nine more cases other than the present one but fairly
submits on the basis of paragraph-3 of the bail petition that the
petitioner is on bail in the pending matters.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released 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
learned Chief Judicial Magistrate, Vaishali at Hajipur in
connection with Industrial Area Hajipur P.S. Case No. 163 of
2024, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.88547 of 2025(3) dt.22-01-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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