Patna High Court

CR. MISC./58694/2026 of Basant Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58694 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- TARIYANI CHAPRA PS District- Sheohar ====================================================== Basant Kumar S/o Ramendra Kumar @ Ramendra Sah R/o Village- Sultanpur, P.S.- Tariyani

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58694 of 2026

Arising Out of PS. Case No.-19 Year-2026 Thana- TARIYANI CHAPRA PS District- Sheohar ======================================================

Basant Kumar S/o Ramendra Kumar @ Ramendra Sah R/o Village- Sultanpur, P.S.- Tariyani Chhapra, District- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Sanjay Kumar, Advocate

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP

Ms. Durga Saw, Advocate

Mr. Hans Lal Kumar, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

19-08-2026

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Tariyani Chapra P.S. Case no.19 of 2026 registered under sections 126(2), 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

3. As per the prosecution case, while the accused persons including the petitioner herein are said to have stopped the motorcycle of the informant, it is stated that Sarvesh Kumar fired causing injury.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No overt-act has been alleged against him. The allegation of firing is specific Patna High Court CR. MISC. No.58694 of 2026(2) dt.19-08-2026

on co-accused Sarvesh Kumar. The petitioner is in custody since 20.5.2026 and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioner is named in the FIR and there is direct allegation against him of having actively participated in the occurrence wherein the informant sustained firearm injury.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the allegation of specific overt-act being against co-accused Sarvesh Kumar and not the petitioner herein, the petitioner having remained in custody since 20.5.2026 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Tariyani Chapra P.S. Case no.19 of 2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sheohar.

Shiv/- (Partha Sarthy, J) U T

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