Patna High Court
Madhuwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was not granted; the petitioner must surrender and seek regular bail.
Summary
The petitioner, Madhuwan Kumar, applied for pre‑arrest bail in a case registered under multiple sections of the BNS for allegedly firing at the informant’s son with intent to kill, injuring a by‑stander instead. The FIR alleges a serious offence involving attempted murder. The court noted the gravity of the allegations and the petitioner’s five prior criminal antecedents. Consequently, the judge declined to grant pre‑arrest bail, directing the petitioner to surrender before the District Court and seek regular bail. The District Court was instructed to consider the bail application promptly based on the investigation’s material. The petition was therefore disposed of.
Issues considered
- Whether pre‑arrest bail should be granted in view of the seriousness of the offences alleged under sections 126(2),115(2),118(1),109(1),74,352,351(2) and 3(5) of the BNS
- Whether the petitioner’s prior criminal antecedents preclude the grant of pre‑arrest bail
Legislation cited
- Bihar Penal Code (BNS) — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352, 74
Subjects
- pre‑arrest bail
- criminal antecedents
- FIR
- shooting
- regular bail
- district court
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90677 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- VAINI District- Samastipur
======================================================
Madhuwan Kumar Son of Vimal Rai Resident of Village- Aktiyarpur
Chandauli ward no. 09, Post and P.S.- Waini, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Abhay Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Surendra Prasad Singh,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Waini P.S. Case No. 81 of 2025 registered for the
offence(s) punishable under Sections
126(2),115(2),118(1),109(1),74,352,351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the
petitioner with an intention to kill has fired upon the son of the
informant, however, the shot hit instead to one Amresh Kumar
on his finger.
4. Considering the nature of allegation made against
the petitioner in the FIR and also the fact that petitioner has five
criminal antecedents, I am not inclined to grant pre-arrest bail
Patna High Court CR. MISC. No.90677 of 2025(2) dt.04-02-2026
2/2
to the petitioner.
5. However, the petitioner, if so advised, may
surrender before the learned District Court and seek regular bail.
In that case, the learned District Court is directed to consider the
bail application of the petitioner on the same day and pass
necessary order on the basis of material which has come in
course of investigation without delay.
6. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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