Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84027 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- MUNGER MUFFASIL District- Munger ====================================================== Gautam Kumar S/o Late Makar Dhwaj Yadav @ Late Makardhuj Yadav, Resident of Village- Ganganagar, P.S.- Kotwali, District- Munger. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. (Dr.) Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Munger Muffasil P.S. Case No. 103 of 2025 dated 04.04.2025, registered for the offences punishable under Sections 191(2), 191(3), 109, 126(2), 127(2), 190, 352, 351(2) and 324(4) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, the informant received news about his wheat crop being cut by co-accused persons. The informant reached at the spot and some altercation took place. The other side resorted to firing and this petitioner shot at the informant in his right thigh.

4. Learned counsel appearing on behalf of the petitioner submits that background of land dispute is admitted and the injury report of the victim shows a simple injury.

Patna High Court CR. MISC. No.84027 of 2025(2) dt.09-12-2025 2/3 Though in the rejection order the learned Sessions Judge has mentioned that injury report shows entry wound over medial aspect of thigh region and on the basis of this report, injury could be a fire-arm injury, but there was no intention to cause death and the whole occurrence took place while harvesting of wheat crop which is also claimed by the informant. Learned counsel next submits that petitioner is having antecedent of one case. Learned counsel lastly submits that petitioner is in custody since 27.09.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that there is specific allegation against this petitioner that he fired upon the informant and informant received a firearm injury in his left thigh.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury on a non-vital part and also considering the period of custody of the petitioner, the petitioner, abovenamed, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger / concerned Court, in

Patna High Court CR. MISC. No.84027 of 2025(2) dt.09-12-2025 3/3 connection with Munger Muffasil P.S. Case No. 103 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other 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, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date 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) Shahnawaz/- U T