IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32130 of 2026 Arising Out of PS. Case No.-709 Year-2025 Thana- DHANARUA District- Patna ====================================================== Solu kumar S/o Upendra Prasad R/o Village - Chakjohra, Sonmai, P.S. - Dhanarua, Distt. - Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 3 24-06-2026 Heard the learned counsel for the petitioner and the learned APP appearing on behalf of the State. 2. The petitioner apprehends in connection with Dhanarua P.S. Case No. 709 of 2025, for offences under Sections 126(2), 109(1), 61(2), 351(2) of B.N.S.S., 2023 and Section 27 of the Arms Act. 3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the affect that on the date of occurrence, the informant was coming with his tractor after dropping cement. On way two persons/boys intercepted and asked for his name. When the informant disclosed his name, co-accused Kundan Kumar took out a pistol and fired upon the informant, which hit him on his right hand. When the informant tried to flee, then the petitioner Patna High Court CR. MISC. No.32130 of 2026(3) dt.24-06-2026 2/4 took out a country made pistol from his waist and handed it over to co-accused Kundan Kumar and told him to kill the informant, while he was escaping. Upon which co-accused Kundan Kumar fired at the informant, however the bullet did not hit him. Upon seeing the passersby, both the accused persons fled away from the place of occurrence, threatening the informant that he will be killed later on. 4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petition was not even present at the place of occurrence and the allegation of firing has been leveled against co-accused Kundan Kumar. The learned counsel for the petitioner further submits that petitioner and the informant are co-villagers and due to previous enimity, the present first information report has been lodged. The informant has falsely implicated the petitioner in the present case due to previous enimity and village politics. No arms was recovered from the possession of the petitioner and petitioner has got a clean antecedent. 5. Per Contra, learned APP for the State vehemently opposes the prayer for grant of bail to the petitioner and submits that the petitioner along with co-accused Kundan Kumar fired at the informant, due to which he sustained injuries and was Patna High Court CR. MISC. No.32130 of 2026(3) dt.24-06-2026 3/4 treated. 6. Having considered the rival submissions and after going through the records, it appears that the allegation of firing and injuring the informant, is against co-accused Kundan Kumar. The only allegation, which has been leveled against the petitioner is that he took out a pistol from his waist and handed it over to the co-accused Kundan Kumar with a direction to kill the informant. On the order given by the petitioner, co-accused Kundan Kumar fired at the informant, however the bullet did not hit him. The petitioner has got a clean antecedent. Considering the above, let the petitioner above named in the event of arrest/surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Masaurhi, Patna in connection with Dhanarua P.S. Case No.709 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and subject to the following condition:- (I) That the learned court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal Patna High Court CR. MISC. No.32130 of 2026(3) dt.24-06-2026 4/4 antecedent, the court concerned shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. shital/- (Ritesh Kumar, J) U T