IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85683 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- BEERPUR District- Begusarai ======================================================

Ojindra Kumar Son of Late Ramchandra Mahto R/V Barhara, P.S. - Birpur, Dist. - Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Adv.

For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 05-01-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Birpur P.S. Case No. 148 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the BNS and Section 27 of the Arms Act.

3. In the fateful night of 12.07.2025, the accused persons along with the informant barged into the house of the informant and started abusing. It is specifically alleged that this petitioner has fired upon the informant, however, she anyhow escaped.

4. Learned Advocate for the petitioner referring to the FIR contended that admittedly there is a previous dispute standing between the parties and, as such, false implication of the petitioner cannot be ruled out, that too, in a situation where neither any empty cartridge nor any evidence of firing has been found during the course of investigation. Moreover, the petitioner bears fair antecedent and in the said incidence, none has sustained any injury.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the informant was fortunate enough that he did not sustain any injury.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the nature of accusation, coupled with the fact that there is no material collected during the course of investigation to support the accusation, besides the fair antecedent of the petitioner and the fact that none has sustained any injury, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Begusarai in connection with Birpur P.S. Case No. 148 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

shivank/- U T