Laxmi Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30418 of 2026 Arising Out of PS. Case No.-184 Year-2025 Thana- HASANPUR District- Samastipur ====================================================== Laxmi Raut S/O Late Vishun Mahto @ Late Vishun Raut Resident of VillageSihi, Ward No. 8 Tole Pirauna, P.S.- Hasanpur, District- Samastipur (Bihar). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Madhav Kumar, Advocate For the Opposite Party :
Mr. Aditya Narayan Singh.1, APP For the Informant :
Mr. Shashank Shekhar, Advocate Ms. Mili Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 184 of 2025, dated 25.09.2025, registered for the offence under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, it has been alleged that on 24.08.2025, at around 08:00 PM, when the brother of the informant, namely, Surendra Kumar, was closing his shop, this petitioner along with five named accused persons and one unknown person came at the place of occurrence waiving their respective pistols, pursuant to which, co-accused Pankaj Kumar fired the first shot, which hit on the back of the brother of the informant, while second shot was fired by co-accused Anshul
Patna High Court CR. MISC. No.30418 of 2026(3) dt.24-06-2026 2/3 Kumar, the third shot was fired by co-accused Tejo Mahto and Pankaj Kumar, which hit on the head. It has further been alleged that thereafter co-accused Anshul Kumar and Arjun Kumar resorted to indiscriminate firing, thereafter this petitioner and co-accused Suman Kumar also fired resulting into the death of the deceased brother of the informant.
4. Learned counsel appearing for the petitioner has submitted that as per the allegation, two shots fired by coaccused Tejo Mahto and Pankaj Kumar had hit on the back and head of the deceased. It has further been submitted that it has been alleged that the firing was made by this petitioner, but it is not mentioned in the FIR that it hit on any part of the body. It has further been submitted that as per the prosecution case itself, six assailants were there, but the postmortem report would go to show that the autopsy surgeon has found one entry injury on the chest and one injury on leg, while the cause of death has been opined as respiratory failure due to haemotoma (blood collected in the left chest). It has further been submitted that there is no allegation of firing upon the chest by the petitioner. It has further been submitted that the petitioner is in custody since 27.09.2025 and has got no criminal antecedents, charge-sheet has been submitted in this case and there is no allegation of
Patna High Court CR. MISC. No.30418 of 2026(3) dt.24-06-2026 3/3 tampering against the petitioner.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the prayer for regular bail of the petitioner and submitted that there is allegation of firing against the petitioner and the petitioner took active part in the commission of the offence.
6. Heard learned counsel for the parties and perused the record.
7. Considering the facts and circumstances of the case, let the, above named, petitioner 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 District and Additional Sessions Judge-I, Rosera (Samastipur), in connection with Hasanpur P.S. Case No. 184 of 2025.
8. The application stands allowed accordingly. (Praveen Kumar, J) Pawan/- U T