Ajit Khirhar @ Ajit Kumar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40194 of 2026 Arising Out of PS. Case No.-58 Year-2026 Thana- MAHISHI District- Saharsa ====================================================== Ajit khirhar @ AjIt Kumar Kumar Son of Hareram Khirhar Resident of Village - Mahpura, Ward no. -12, Mahishi South, Maina Gram, P.S.- Mahishi, District- Saharsa, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunny Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-06-2026 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Mahishi P.S. Case No. 58/2026 registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 351(3) and 3(5) of the BNS and Section 27 of the Arms Act.

3. As per FIR, petitioner alleged to open fire upon son of informant during the occurrence, which alleged to be taken place due to land dispute between the parties.

4. It is submitted by learned counsel appearing on behalf of the petitioner that none of the bullet in the background of indiscriminate firing was hit to the son of the informant though it was alleged to be made from very close range, making the allegation doubtful on its face in the background of land dispute.

Patna High Court CR. MISC. No.40194 of 2026(2) dt.23-06-2026 2/2 In support of allegation no empty cartridges or anything incriminating was recovered from the place of occurrence in support of allegation that firing was made indiscriminately by this petitioner during the course of occurrence. Petitioner claimed clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of overall accusations as discussed aforesaid, which creates prima-facie doubt qua occurrence as far allegation of indiscriminate firing is concerned, accordingly petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa/concerned Court, where the case is pending in connection with Mahishi P.S. Case No. 58/2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T