Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9213 of 2026 Arising Out of PS. Case No.-411 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Avinash Kumar Son of Late Sashi Kumar Singh Resident of Village- Baghari, Ward No. 6, P.S.- Runnisaidpur, District- Sitamarhi. Presently residing at Village- Bhadai, P.S.- Hathori, District- Muzaffarpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate Mr. Ashutosh Kumar, Advocate For the State :

Mr. Surendra Kumar, APP For the Informant :

Mr. Ashok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-04-2026 Heard learned Senior Counsel for the petitioner, learned APP for the State and learned counsel for the informant. 2.

The petitioner seeks bail in connection with Runnisaidpur P.S. Case No.411 of 2025 registered for the offence under sections 115(2), 126, 109 and 3(5) of the B.N.S., 2023 and under sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

3.

The petitioner and co-accused are said to have caused fire-arm injury to the informant. The petitioner is in custody since 06.11.2025.

4.

Learned counsel for the petitioner submits that from perusal of the F.I.R. it would be clear that there is land dispute between the parties. He further submits that the land in question does not belong to the informant rather, the same is in the name of the petitioner and his family members and present case has been lodged with an intention to pressurize the

Patna High Court CR. MISC. No.9213 of 2026(4) dt.27-04-2026 2/2 petitioner and his family members to vacate the said land. It has been submitted that the injury report does not fully support the prosecution case.

5.

Learned counsel for the informant has vehemently opposed the prayer of the petitioner for grant of bail.

6.

Considering the injury report and also the period of custody of the petitioner, this bail application is allowed.

7.

Let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi / concerned Court below, in connection with Runnisaidpur P.S. Case No.411 of 2025.

8.

It is clarified that this Court has not expressed any opinion on the merits of the case and the observations made by this Court is only for the purpose of deciding this bail application.

(Sandeep Kumar, J) pawan/- U T