Saket Kumar @ Kumar Saket v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57728 of 2025 Arising Out of PS. Case No.-457 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Saket Kumar @ Kumar Saket, S/o Sanjay Sharma, R/o Mohalla- S.S. Colony, P.S.- Muffasil, Dist.- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-09-2025 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Gaya Muffasil P.S. Case No.457 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 109, 125, 122(1), 122(2), 113(3) and 111(4) of the Bhartiya Nyaya Sanhita, 2023 (for short 'B.N.S.') as well as Sections 25(9) and 27 of the Arms Act.

3. The accused/petitioner is named in the FIR and is in custody since 30.06.2025.

4. As per FIR, there was indiscriminate cross firing between two groups of land mafias, where informant is the Police Inspector of Gaya Muffasil Police Station.

Patna High Court CR. MISC. No.57728 of 2025(4) dt.15-09-2025 2/3

5. It is submitted by Mr. Anshul, learned senior counsel appearing for the petitioner that as per FIR, it can be gathered safely that the firing was made indiscriminately from both sides, where none received injuries. It is submitted that the occurrence took place in the background of land dispute between the parties. It is further pointed out that except five empty cartridges in support of indiscriminate firing, nothing can be gathered in support of allegation. It is further submitted that regarding same occurrence, one private person, namely, Meena Devi lodged a separate FIR, which was lodged as Muffasil P.S. Case No.458 of 2025, where petitioner was granted bail by learned trial court itself.

6. Learned APP while opposing the prayer of bail could not disputed the aforesaid submissions as submitted by learned senior counsel appearing for the petitioner.

7. In view of aforesaid factual submissions, as allegation of firing is not specific against the petitioner, where implication prima facie appears to be made under the garb of allegation of indiscriminate firing, where petitioner remains in custody since 30.06.2025, accordingly, the petitioner, above-

Patna High Court CR. MISC. No.57728 of 2025(4) dt.15-09-2025 3/3 named, 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 Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No.457 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

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