Brajmohan Kumar @ Brij Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12414 of 2026 Arising Out of PS. Case No.-297 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Brajmohan Kumar @ Brij Mohan Kumar Son of Chandeshwar Singh Resident of Village- Rampur Bakhra, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhagwanpur P.S. Case no. 297 of 2025 instituted for the offence under Sections 191(2), 191(3), 190, 329(2), 115(2), 118(1), 126(2), 352, 351(2), 109 of the B.N.S., 2023 and Sections 27 and 30 of the Arms Act.

3. The case of the prosecution, in short, is that the petitioner, along with others, has come to obstruct the fixing of the pillar by the informant. They started abusing. It is alleged that the petitioner has exhorted Chandeshwar Singh, and Jaleshwar Singh had exhorted, and on their exhortation, Abhishek and Abhinandan have made firing, due to which

Patna High Court CR. MISC. No.12414 of 2026(2) dt.26-02-2026 2/3 certain persons of the informant's side have received gunshot injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of the FIR, it is clear that the main thrust of allegation is against Abhishek and Abhinandan. There is no allegation of any overt act against the petitioner. The petitioner is only the member of mob.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the petitioner is having criminal antecedent of two cases. He also submits that the name of this petitioner could not be entered as there were many injured persons but the same has been rectified by filing a protest. On being asked as to why he was not named in the re-statement of the informant. He further submits that in the re-statement, the informant has stated that all the accused persons have fired.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of

Patna High Court CR. MISC. No.12414 of 2026(2) dt.26-02-2026 3/3 four weeks from today and in the event of his arrest or surrender in connection with Bhagwanpur P.S. Case No. 297 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Vaishali at Hajipur subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Ashok Kumar Pandey, J) Sudhanshu/- U T