Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75669 of 2025 Arising Out of PS. Case No.-568 Year-2025 Thana- SIWAN CITY District- Siwan ====================================================== Rajeev Kumar S/o Sanjay Kumar R/o Village- Hakam, P.S.- Mahadeva O.P., District- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar, Advocate For the Informant :

Mr. Harsh Anuj, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 191(2), 190, 329(3), 115(2) & 109 of the Bharatiya Nyaya Sanhita and under Section 27 of the Arms Act.

3. The case of the prosecution is that one Rohit @ Mandan has fired at the husband of the informant and Rajeev Kumar (the petitioner) has also fired. This was disclosed by the injured to the informant.

4. Learned counsel for the petitioner has submitted that though there is allegation that the petitioner has also fired but the gun-shot hit by Rohit has injured the husband of the informant and from perusal of the order of the learned trial court

Patna High Court CR. MISC. No.75669 of 2025(2) dt.12-01-2026 2/3 it is clear that the learned trial court has recorded that " From perusal of injury report of informant's husband, it appears that he sustained following injuries :- (i) Lacerated wound with charged margin in right wrist size 1⁄2" X 1⁄4".

(ii) Lacerated wound exit wound charged margin on right side of upper abdomen sixe 1" X 1⁄4".

The Doctor has opined that the nature of injury is simple."

5. Learned counsel for the petitioner has submitted that there is no direct allegation against the petitioner that he has fired at the husband of the informant and in any view of the matter, the injuries were simple. Learned counsel for the petitioner has further submitted that the petitioner is languishing in judicial custody since 25.07.2025.

6. Learned counsel for the Informant has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of one case.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.75669 of 2025(2) dt.12-01-2026 3/3 petitioner is directed to be released on bail in connection with Siwan (Town) P.S. Case No. 568 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan.

(Ashok Kumar Pandey, J) durgesh/- U T