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Patna High CourtCR. MISC./40974/2026bail granted

Sanoj Kumar @ Nirmal Kumar v. The State Of Bihar

2026-06-25Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40974 of 2026 Arising Out of PS. Case No.-190 Year-2025 Thana- PANDARAK District- Patna ====================================================== 1.

Sanoj Kumar @ Nirmal Kumar S/o Upendra Ray @ Upendra Yadav R/o vill - Kondi, P.S.- Pandarak, Distt.- Patna 2.

Om Kumar S/o Shailendra Ray R/o vill - Kondi, P.S.- Pandarak, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-06-2026 Heard the parties.

2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Pandarak P.S.Case No.190 of 2025 registered for the offences punishable under Sections 191(3), 190, 61(2)(a), 109(1), 125, 126(2), 115(2) and 303(2) of BNS and Section 27 of the Arms Act.

3. As per the allegation made in the FIR with a common intention altogether 19 accused persons named in the FIR along with the petitioners fired upon the informant while he was requesting to maintain peace in the cultural programme.

4. Learned counsel appearing on behalf of the petitioners submitted that allegation against both these petitioners is general and omnibus in nature, where specific allegation of firing is against coaccused Amarjeet @ China Ray, Kundan Ray and Rishi Ray, who fired by Moujar, which hit to two persons, causing them fire arm

Patna High Court CR. MISC. No.40974 of 2026(2) dt.25-06-2026 2/2 injuries. It is submitted that similarly situated co-accused persons have already granted bail by one of the learned Co-ordinate Bench of this court through Cr. Misc. No. 15061/2026 dated 25.03.2023 and, therefore, as a matter of judicial parity these petitioners also deserves bail. Petitioner no. 1 claimed clean antecedent, whereas petitioner no. 2 found involved in one more case, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as allegation qua physical assault is appearing very much general and omnibus against these petitioners, having no allegation of firing, accordingly both above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge, IInd Barh, Patna/concerned Court, where the case is pending in connection with Pandarak P.S.Case No.190 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.

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