Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67663 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- PANAPUR District- Saran ====================================================== Bipin Kumar Sri Bhagwan Singh Kushwaha @ Sri Bhagwan @ Bhutti Singh R/o Vill- Shahbajpur, P.S.- Panapur, Dist- Saran at Chapra, 841410. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Panapur P.S. Case No. 80 of 2025 registered for the alleged offences under Sections 126(2), 115, 109, 352, 118(1), 351(2), 303(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

03. As per prosecution case, over some petty issue, the petitioner and other co-accused persons riding a motorcycle, opened fire from their pistols and abused the informant. The petitioner gave knife blow to the informant who received injury on his head.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.67663 of 2025(3) dt.05-01-2026 2/3 case. The prosecution case is false and concocted. Learned counsel further submits that the allegation of firing is not corroborated by the materials available on record. The informant has not received any knife injury. The background of occurrence is apparent from the FIR and it appears that some altercation and scuffle took place over taking side on the road where the informant kept his mustard crop. Learned counsel further submits that the petitioner is having antecedent of three cases and is on bail in all such cases. The petitioner is in custody since 20.07.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the injury report of the informant shows a lacerated wound on left temporal region of size 2" x 1⁄2" x 1⁄2" and the injury is stated to be caused by hard and blunt substance. However, learned APP concedes that no significant abnormality was seen in the CT scan of brain of the informant and the injury is stated to be simple in nature.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of dispute and nature of injury and further considering the period of custody of the petitioner along with

Patna High Court CR. MISC. No.67663 of 2025(3) dt.05-01-2026 3/3 submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra/court concerned in connection with Panapur P.S. Case No. 80 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T