Allowed

Prasant Kumar @ Prashant Kumar v. The State of Bihar

Patna HC17 Aug 2026CR. MISC./47515/2026

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to petitioners accused of armed attack under B.N.S.S. and Arms Act. The court relied on unidentified attackers, unreliable witness testimony, and duration of custody, ordering release on bond with conditions against tampering.

What did the court decide?

Released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of like amount to the S.D.J.M., Raxaul, subject to specific conditions.

Prasant Kumar @ Prashant Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47515 of 2026

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Arising Out of PS. Case No.-157 Year-2025 Thana- MAHUAWA District- East Champaran

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

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1. Prasant Kumar @ Prashant Kumar Son of Surendra Prasad Kushwaha Resident of village- Pipra Ps -Darpa District- East Champaran, Motihari

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Abhi Jito Kumar @ Abhijit Kumar @ Abheejita Kumar son of Lalbabu Prasad Resident of Village- Gulariya, Ps- Darpa, Dist- East Champaran Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Suman Kumari Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER

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3 17-08-2026

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Heard the learned counsel appearing on behalf of the

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petitioners and the learned APP appearing on behalf of the State.

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The petitioners seek regular bail in connection with Mahuawa P.S. Case No. 157 of 2025, registered for the offense under Sections 109, 3(5) of B.N.S.S and 27 Arms Act.

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As per the prosecution case, on 12.12.2025, the informant Vijay Kumar, along with his friends, was having snacks and warming himself at Chandraman Chowk. At that time, three masked persons riding a white Apache motorcycle arrived there and, allegedly suspecting that the road was being obstructed, opened fire. The person sitting at the rear of the motorcycle fired the shots, causing firearm injury to Vijay

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Patna High Court CR. MISC. No.47515 of 2026(3) dt.17-08-2026 2/4

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Kumar on the left side of his chest and to his friend Rupesh Kumar on his right arm. Thereafter, both injured persons were taken to Rahmania Hospital by ambulance, where they were admitted and undergoing treatment. The injured Vijay Kumar and Rupesh Kumar stated that the incident had occurred in the manner narrated above.

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Learned counsel appearing on behalf of the petitioner submits that petitioner are innocent and has falsely been implicated in this case. He further submits that the petitioners are not named in the F.I.R. The petitioners have been made accused only on the basis of the statement of a local Chaukidar, who stated that the petitioners resemble Prashant Kumar and Abhi Jito Kumar. As per the said statement, the local Chaukidar was himself not sure that the persons apprehended were the petitioners. It is further submitted that the alleged attackers were wearing full-face helmets, due to which the victim could not see their faces. Thus, the petitioners were arrested merely only on the basis of suspicions. Learned counsel further submits that petitioner No. 1 has two criminal antecedents, whereas petitioner No. 2 has three criminal antecedents; however, both the petitioners are on bail in all those cases. It has lastly been submitted that petitioners are in

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Patna High Court CR. MISC. No.47515 of 2026(3) dt.17-08-2026 3/4

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judicial custody since 05.02.2026.

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Per Contra, the learned APP for the State vehemently opposed the prayer for grant of regular bail. Learned APP submits that the petitioner No. 1 has two criminal antecedents and petitioner No.2 has three criminal antecedents and in paragraph-5 and 6 of the case diary, the petitioners have confessed their involvement in the alleged occurrence also the injuries are grievous in nature, therefore, petitioners do not deserve to be enlarge on regular bail.

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Considering the aforesaid facts and circumstances of the case and also the fact that, as per the FIR, the alleged attackers were wearing full-face helmets, due to which the victim could not see their faces, also in the said statement, the local Chaukidar was himself not sure that the persons apprehended were the petitioners as well as considering the period of custody, let the above named petitioners be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned S.D.J.M., Raxaul, East Champaran in connection with Mahuawa P.S. Case No. 157 of 2025, subject to the following conditions:

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(i) Petitioners shall co-operate in the trial and shall be

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Patna High Court CR. MISC. No.47515 of 2026(3) dt.17-08-2026 4/4

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properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the Court below.

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(ii) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(iii) And, further condition that the court below shall verify the criminal antecedents of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take steps for cancellation of bail bonds of the petitioners. 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.

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(Girijish Kumar, J)

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Aman/-

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U T

Prasant Kumar @ Prashant Kumar v. The State of Bihar

Case brief

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Prasant Kumar @ Prashant Kumar v. The State of Bihar

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