Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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