Patna High Court

Badal KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is denied to the petitioner.

Summary

Badal Kumar was charged with offences under Sections 341, 323, 324, 326, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing a pistol at an informant, causing injury to the informant's right knee. The petitioner sought anticipatory bail, claiming innocence and a clean antecedent. The prosecution alleged that the petitioner, in a drunken state, shot the informant after being abused. The court examined the facts and concluded that the act of firing the pistol resulting in injury warranted denial of bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure
Whether the acts alleged constitute offences under the cited provisions of the IPC and the Arms Act

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 307, 323, 324, 326, 34, 341, 504

Subjects

anticipatory bail
Indian Penal Code
Arms Act
assault
attempted murder
criminal law
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8878 of 2026
                       Arising Out of PS. Case No.-784 Year-2022 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Badal Kumar S/O Vinod Kumar R/O Ambedkar Colony, Police Station-
                 Sultanganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Krishna Jha, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                        Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 341, 323, 324, 326, 307,

                   504 and 34 of the I.P.C. and Section 27 of the Arms Act.

                                3. As per prosecution case, the informant alleges that

                   accused along with others came in a drunken state and started

                   abusing informant and on objection, the present petitioner fired

                   with country made pistol upon the informant, due to which

                   informant sustained injury in his right leg (knee).

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   claims clean antecedent.

                                5. Considering the fact that the petitioner has fired
           Patna High Court CR. MISC. No.8878 of 2026(2) dt.11-02-2026
                                                       2/2




                     upon the informant which caused him injury in his right leg

                     (knee), prayer for anticipatory bail of the petitioner is dismissed.



                                           (Prabhat Kumar Singh, J)
Jyoti Kumari/-

U      T

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