Gajendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87457 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- KAKO District- Jehanabad ====================================================== 1.
Gajendra Kumar S/o Rajnandan Yadav R/o Village - Golakpur, P.S - Kako, District - Jehanabad 2.
Nitish Kumar S/o Rajnandan Yadav Resident of Village - Golakpur, P.S - Kako, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68350 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- KAKO District- Jehanabad ====================================================== SUDHIR KUMAR S/O Doman Yadav @ Kailash Yadav Resident of VillagePahal Bigha, Police Station- Kako, and District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 87457 of 2025) For the Petitioner/s :
Mr. Pritish Kumar Lal, Sr. Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam For the Informant :
Mr. Sunil Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 68350 of 2025) For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Zainul Abedin For the Informant :
Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-04-2026 These cases arise out of the same P.S. Case i.e., Kako P.S. Case No. 87 of 2025; therefore, they are being heard together and disposed of by a common order.
2. Heard Mr. Pritish Kumar Lal, learned Senior
Patna High Court CR. MISC. No.87457 of 2025(7) dt.27-04-2026 2/3 Counsel appearing for the petitioner (Gajendra Kumar) and Mr. Nilendu Kumar Choudhary, learned counsel for the petitioner (Sudhir Kumar), learned APP for the State, and learned counsel for the informant.
3. The petitioners seek regular bail in connection with Kako P.S. Case No. 87 of 2025 registered for the offence under Sections 191(2), 190, 103(1) and 303 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
4. As per the FIR, the petitioners along with others are alleged to have fired indiscriminately, resulting in the death of one person and injury to another, and also looted Rs. 5 lakhs.
5. It is submitted on behalf of the petitioners that from the post-mortem report, it is not clear that the deceased sustained firearm injury. The petitioners namely Gajendra Kumar and Nitish Kumar are in custody since 19.04.2025 whereas the petitioner namely Sudhir Kumar is in custody since 05.07.2025 and has two criminal antecedents.
6. Today, in course of hearing, the learned counsel for the informant has relied upon the injury report of Dr. Arvind Kumar Nanda, Medical Officer, A.S.J.P.Sadar Hospital, Jehanabad and has submitted that the doctor who had examined the patient at the first stage has that the deceased had sustained
Patna High Court CR. MISC. No.87457 of 2025(7) dt.27-04-2026 3/3 three bullet wounds.
7. Considering the allegations levelled against the petitioner, the medical report, and the allegations of indiscriminate firing, loot, and murder of the deceased, as well as causing injuries to another victim, this Court is not inclined to grant regular bail to the petitioners.
8. Accordingly, these applications for regular bail stand rejected.
9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail applications. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Shishir/- U T