Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Subhash Kumar, applied for anticipatory bail in a case arising from FIR No. 291 of 2024, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The FIR described an incident where the petitioner and others allegedly abused a family and, when confronted, fired pistols, with co‑accused Kundan Kumar allegedly shooting the husband. The petitioner argued that the allegations against him were vague, that the specific shooting was attributed to Kundan Kumar, and that he had no criminal antecedent and resided outside Bihar. The court noted the lack of prior criminal record and the specific nature of the shooting charge against another accused, and consequently granted anticipatory bail subject to conditions. The bail order required a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s lack of criminal antecedent and the specific allegation against a co‑accused justify granting anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- firearms offence
- no criminal antecedent
- bail conditions
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9396 of 2026
Arising Out of PS. Case No.-291 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Subhash Kumar Son of Ramesh Yadav Resident of Village- Sahiyar Burj,
P.S.- Rosera, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Rosera Police Station Case No. 291 of 2024,
disclosing offences under Sections 191(2), 191(3), 190, 126(2),
115(2), 109, 352, 351(2) of Bharatiya Nyaya Sanhita, 2023 and
27 of Arms Act.
3. The prosecution case, as per the First Information
Report, is that on 26.11.2024, in the morning, while the
informant and her husband were sitting at their home, the
petitioner along with other accused persons arrived there and
started abusing them. When the husband of the informant
objected, they started firing from their pistols. The informant’s
husband tried to escape, but in the meantime, co-accused
Kundan Kumar shot a bullet upon him, due to which he
Patna High Court CR. MISC. No.9396 of 2026(2) dt.12-03-2026
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sustained injury in his abdomen.
4. Learned counsel for the petitioner submits that
from perusal of the FIR, it appears that the entire family
members of the petitioner have been made accused. The
allegation against the petitioner is general and omnibus in nature
and the specific allegation of firing bullet upon the informant’s
husband is against co-accused Kundan Kumar. The petitioner is
having no criminal antecedent and resides outside Bihar for the
purpose of earning his livelihood. The other accused persons,
i.e., the petitioner’s father and two brothers, were arrested and
the petitioner’s father has been granted regular bail.
5. Regards being had to the submissions made by the
parties and taking into consideration the fact that petitioner is
having no criminal antecedent and the specific allegation of
firing is upon the co-accused Kundan Kumar, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Patna High Court CR. MISC. No.9396 of 2026(2) dt.12-03-2026
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Rosera, Samastipur having G.R. No. 1122 of 2024, in
connection with Rosera Police Station Case No. 291 of 2024,
subject to the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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