Patna High Court

Abhay Kumar @ Ghunghuru @ Ghunghuru SinghversusThe State of Bihar

Decided: 22 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the nature of the injury was simple, there was no intention to kill, and the petitioner’s prolonged pre‑trial detention warranted the grant of regular bail.

Summary

The petitioner, Abhay Kumar, was charged under sections 115(2), 126(2), 109, 351(2), 308(4), 303(2) and 3(5) of the B.N.S. for allegedly assaulting an informant with the butt of a gun. The State opposed regular bail, citing the petitioner’s criminal antecedent and the injury inflicted. The petitioner’s counsel argued innocence, a counter‑version of events, and that the injury was simple, showing no intent to kill, and highlighted the petitioner’s prolonged pre‑trial custody since 21‑09‑2025. The court examined the injury report, the nature of the assault, and the antecedents of both parties, concluding that the circumstances did not justify continued detention. Accordingly, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under multiple sections of the B.N.S.
Whether the simple nature of the injury and lack of intent to kill justify the grant of bail
Whether the criminal antecedents of the petitioner and the informant affect the bail decision

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 303(2), 308(4), 3(5), 351(2)

Subjects

regular bail
assault with firearm
pre‑trial detention
injury report
criminal antecedent
B.N.S. sections
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88840 of 2025
                     Arising Out of PS. Case No.-303 Year-2025 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Abhay Kumar @ Ghunghuru @ Ghunghuru Singh Son of Binod Singh
                 Resident of Village - Madhurapur, Dakshinwari Tola, P.S.- Teghra, District -
                 Begusarai.
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amritesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 115(2),

                   126(2), 109, 351(2), 308(4), 303(2) and 3(5) of B.N.S.

                                3. The case of the prosecution is that the petitioner has

                   assaulted with the butt of the gun on the head of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is also a

                   counter version of this case and he has fairly submitted that

                   petitioner is having criminal antecedent of thirteen cases whereas

                   the informant is also having criminal antecedent of fifteen cases.

                   It has further been submitted that from perusal of the injury report
            Patna High Court CR. MISC. No.88840 of 2025(2) dt.22-01-2026
                                                        2/2




                      which is Annexure P/3, it will transpire that the nature of injury is

                      simple as it is alleged that the petitioner was having a gun and he

                      has only assaulted with the butt it shows that, he was not having

                      any intention to kill otherwise, he would have fired. Moreover,

                      the petitioner is languishing in judicial custody since 21.09.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer of

                      regular bail. Learned counsel for the informant has submitted that

                      petitioner is having criminal antecedent and he has injured the

                      informant.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Teghra P.S. Case No. 303 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Begusarai.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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