Patna High Court
CR. MISC./51164/2026 of Jaiki Kumar @ Jindal Kumar Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51164 of 2026 Arising Out of PS. Case No.-109 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== 1. Jaiki Kumar @ Jindal Kumar S/o Vindeshwar Singh @ Bindeshwar Singh Resident of Village -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51164 of 2026
Arising Out of PS. Case No.-109 Year-2022 Thana- DIDARGANJ District- Patna ======================================================
1.
Jaiki Kumar @ Jindal Kumar S/o Vindeshwar Singh @ Bindeshwar Singh Resident of Village - Raibag, P.S. - Didarganj, Distt. - Patna.
2.
Bipin Kumar S/o Sri Vindeshvar Singh @ Bindeshwar Singh Resident of Village - Raibag, P.S. - Didarganj, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Kumar Mrityunjay Narain, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Didarganj P.S. Case No. 109 of 2022 registered for the offences punishable under Sections 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegation against the petitioner is of making indiscriminate firing upon the informant along with the other co-accused persons, due to which he sustained several injuries.
4. Learned Advocate for the petitioner submitted that the entire prosecution case is falls to the ground for the simple reason that, despite the allegation of indiscriminate firing by six Patna High Court CR. MISC. No.51164 of 2026(2) dt.29-07-2026
named accused persons, including the petitioner, the injury report does not corroborate the allegation of any firearm injury. It is further submitted that the injuries sustained by the informant have been opined to be simple in nature. It is also contended that one Gauri Prasad had earlier instituted an FIR against the informant of the present case, and since the petitioner is a close associate of the said Gauri Prasad, he has been falsely implicated in this case. It is argued that co-accused, Gauri Prasad, against whom identical allegations have been levelled, has already been granted the privilege of anticipatory bail by a learned Coordinate Bench of this Court in Criminal Miscellaneous No. 3935 of 2023, vide order dated 04.05.2023. The petitioner bears fair antecedent and undertakes to cooperate with the proceedings of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the prayer for anticipatory bail.
6. Having considered the rival submissions and the materials available on record, particularly the omnibus allegation of indiscriminate firing, the absence of any firearm injury as reflected in the injury report, the simple nature of the injuries sustained to the informant, and the fact that the case of the petitioner stands on an identical footing with that of the co- Patna High Court CR. MISC. No.51164 of 2026(2) dt.29-07-2026
accused Gauri Prasad, who has already been granted anticipatory bail, and the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Patna City in Didarganj in connection with Didarganj P.S. Case No. 109 of 2022, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
rohit/- (Harish Kumar, J) U T