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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail as the allegations against him are not specific and he has no prior criminal record.

Summary

Pintu Kumar was arrested in connection with a case (S. Kamal P.S. Case No. 232 of 2025) alleging that he and others fired about 25 rounds of ammunition, injuring the informant’s husband. The petitioner claimed he was merely a member of the mob and faced no specific charge of firing, arguing that the FIR contained only a general allegation and that he had no prior criminal record. The State and the informant opposed bail, citing the seriousness of the alleged offences under several sections of the B.N.S. and Section 27 of the Arms Act. The High Court, after hearing both sides, found the lack of a specific allegation against the petitioner sufficient to grant bail. Accordingly, the court ordered his release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR’s general allegation of participation in firing.
  • Whether the lack of a specific charge against the petitioner warrants bail under the applicable criminal procedure provisions.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(1), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • arms act
  • general allegation
  • FIR
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89199 of 2025
                     Arising Out of PS. Case No.-232 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Pintu Kumar, S/O Alha Yadav, R/O Village - Chamman Tola, P.S- Sahebpur
                 Kamal, Distt.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :      Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   counsel for the informant and learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with S. Kamal P.S. Case No. 232 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 352, 351(1),

                   351(2), 109(1) and 3(5) of B.N.S. and Section 27 of the Arms

                   Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others being armed with country made

                   pistol arrived and started abusing. It is specifically alleged that

                   Alha Yadav and Ankit Kumar fired at the husband of the

                   informant. The fire did not hit him rather passed near ear. After

                   that Prince Kumar fired with his country made pistol which hit
Patna High Court CR. MISC. No.89199 of 2025(2) dt.22-01-2026
                                            2/3




          in the left leg of the informant’s husband due to which he fell

          down. When Raushan came, the accused persons started firing

          at him. At least 25 rounds of firing were made. After this, the

          villagers came and saved the informant and her family

          members.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the F.I.R. itself it is clear that the

          petitioner is only a member of mob. There is no specific

          allegation of firing against him. Learned trial court could not

          appreciate that there is no specific allegation against the

          petitioner and nature of allegation is general and omnibus.

          Petitioner is having no criminal antecedent and he is languishing

          in judicial custody since 22.08.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the

          application for bail. Learned counsel for the informant has

          brought to notice the order of the learned trial Court wherein

          learned trial Court has recorded that as per the F.I.R., the

          allegation against the petitioner is that he along with other co-

          accused persons opened fire on the informant’s husband and son
             Patna High Court CR. MISC. No.89199 of 2025(2) dt.22-01-2026
                                                         3/3




                       and that approximately 25 rounds were fired during the

                       occurrence. Learned counsel for the informant has also

                       submitted that this firing has been done only with a view to

                       pressurize the informant to withdraw the previous case.

                                    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 enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Sub-

                       Judge-IV-cum-Additional              Chief       Judicial   Magistrate-IV,

                       Begusarai in connection with S. Kamal P.S. Case No. 232 of

                       2025.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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