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2025 DAILYLAW 25872 (PAT)

Bambam Kumar @ Bambam Yadav v. The State of Bihar

CR. MISC./16476/2025 · 2025-05-12

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16476 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- BASANHI District- Saharsa ====================================================== 1. Bambam Kumar @ Bambam Yadav Son of Jayprakash Yadav @ Indal Yadav Resident of Village - Balaitha Ward No.5, P.S. - Basnahi, District - Saharsa 2. Dhiraj Kumar @ Dheeraj Kumar Son of Niro Sada Resident of Village - Balaitha Ward No.5, P.S. - Basnahi, District – Saharsa ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha, Adv.4 For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 12-05-2025 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. 2. The petitioners are seeking regular bail in connection with Basnahi P.S. Case No. 254 of 2024, registered for the offences punishable under Sections 118(1), 18(2), 110 3(5) of BNS and 27 of the Arms Act 3. As per the fardbyean of the informant Saurav Kumar, on 26.12.2024 at about 9:40 PM, petitioners took him to Manoj Yadav’s house, where they ate buja and smoked ganja. Petitioner no. 1 took out a pistol wrapped in cloth and began tampering with it despite the informant’s objection. The pistol accidentially fired and hit his right toe. Petitioner no. 1 carried him to his Basa, gave his mobile to call home, and left with petitioner no. 2. The firing was accidental, and no one else apart from the three was involved. Patna High Court CR. MISC. No.16476 of 2025(3) dt.12-05-2025 2/2 4. Learned counsel for the petitioners has submitted that the FIR itself shows that it was not the intention of the petitioner to kill the injured. He himself carried the injured to the doctor, and the injured has stated that the gunshot was fired due to mishandling of the pistol and the shot hit his leg. So far as petitioner no. 2 is concerned, there is no allegation against him at all. The petitioners are under custody since 29.12.2024. 5. On the other hand, the learned APP for the State has opposed the prayer for bail. 6. Considering the above-mentioned facts and circumstances, let the petitioners above-named, are directed to furnish bail bond and on doing so, the court below shall release the petitioners on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Saharsa in connection with Basnahi P.S. Case No. 254 of 2024, subject to the following conditions that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. Nirmal/- (Nawneet Kumar Pandey, J) U T