Prashant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79261 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- PACHMAHLA District- Patna ====================================================== Prashant Kumar S/o Rajesh Singh @ Rajesh Kumar Singh R/o Vill- Barahiya, PS- Barahiya, Dist- Lakhisarai, Bihar ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Richa, Advocate Ms. Swastika, Advocate For the Opposite Party/s :
Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Pachmahala P.S. Case No. 57 of 2025 registered for the offences punishable under Sections 126(2), 115, 109(1), 352, 351(2), 3(5) of the B.N.S and 27 of the Arms Act.
3. As per prosecution case, on 14.07.2025, at around 10 p.m., the petitioner and others, armed with weapons, arrived at the place where the yagya was being performed. They are said to have abused the informant's son and nephew and fired at them with the intention to kill. It is further alleged that the informant's son sustained an injury on his hand, while the
Patna High Court CR. MISC. No.79261 of 2025(2) dt.28-11-2025 2/3 informant's nephew sustained an injury below his right eye.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that there is no specific allegation against the petitioner rather allegation is general and omnibus in nature. Petitioners bear no criminal antecedent.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is F.I.R. named accused and he cannot escape from the allegation made in the F.I.R.
6. Considering the facts and circumstances of the case, there is no specific allegation against the petitioner, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on 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 Additional Chief
Patna High Court CR. MISC. No.79261 of 2025(2) dt.28-11-2025 3/3 Judicial Magistrate III, Barh in connection with Pachmahala P.S. Case No. 57 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) Nilmani/- U