Patna High Court

Bipin KumarversusThe State Of Bihar

Decided: 19 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Bipin Kumar was arrested in connection with a violent incident that resulted in the death of an informant's son, with the prosecution alleging his involvement under sections 103, 238 and 3(5) of the BNS and section 27 of the Arms Act. The petitioner claimed innocence, arguing that the FIR does not specifically charge him, that he possessed no weapon, and that he has no criminal antecedents, having been in judicial custody since 24‑05‑2025. The State opposed the bail application, seeking continued detention. After hearing both sides, the Patna High Court considered the lack of direct allegation against the petitioner, his clean record, and the circumstances of the case, and decided to grant regular bail. The court ordered his release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the District and Additional Sessions Judge‑III, Sherghati, Gaya.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 103, 238, 3(5) of the BNS and section 27 of the Arms Act
Whether the FIR specifically implicates the petitioner and justifies denial of bail
Whether the petitioner’s lack of criminal antecedent and custodial duration warrant bail

Legislation cited

Arms Act — s. 27
BNS — s. 103, 238, 3(5)

Subjects

regular bail
criminal procedure
arms act
BNS
section 103
section 238
section 3(5)
section 27
Bihar
murder
FIR
antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9440 of 2026
                          Arising Out of PS. Case No.-157 Year-2025 Thana- AMAS District- Gaya
                 ======================================================
                 Bipin Kumar S/O Dev Kumar Manjhi Resident Of Village- Saw Kala Bangla
                 Par, P.S.- Amas, District- Gaya Ji
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Javed Jafar Khan, Advocate
                 For the Opposite Party/s :        Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

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

                   registered for the offence punishable under sections 103, 238 and

                   3(5) of BNS and section 27 of the Arms Act.

                                3. The case of the prosecution is that the petitioner

                   along with others was having talks with the son of the informant

                   Chandan Kumar (deceased). Meanwhile, the informant heard

                   some sound of firing when she went there, she found that the

                   petitioner along with two others was fleeing away. Ravindra

                   Paswan was having a small weapon which he was putting in his

                   waist. When she went to the house of Banti, she found that her

                   son was lying in the pool of blood and Banti was trying to remove

                   the blood from the floor. The deceased was bleeding from temple.

                   He succumbed to his injury on the way to hospital.
            Patna High Court CR. MISC. No.9440 of 2026(2) dt.19-02-2026
                                                        2/2




                                   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 from perusal of the

                      FIR, it is clear that there is no any specific allegation against this

                      petitioner. He was not having any weapon. Allegation, if any, was

                      against co-accused Ravindra Paswan and Banti. A statement has

                      been made in para-3 of this petition that the petitioner has got no

                      criminal antecedent. Moreover, he is languishing in judicial

                      custody since 24.05.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   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

                      Amas P.S. Case No. 157 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 District and Additional Sessions

                      Judge-III, Sherghati, Gaya Ji.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T

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