Bail granted due to insufficient specific evidence against accused in fatal shooting case.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 27-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 61 and 3(5) of the B.N.S . and Section 27 of the Arms Act .

3. As per prosecution case, all 10 F.I.R. named accused persons, including this petitioner, along with 2 to 3 unknown persons, indiscriminately fired, as a result of which, son of informant died.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. As per F.I.R., all 10 named accused persons, along with 2 to 3 unknown persons, indiscriminately fired upon son of informant, however, as per post mortem report, only one fire arm injury was found on the body of the deceased, which itself falsifies the entire prosecution case. Allegation of firing is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Similarly situated co-accused Vishal Sharma has been granted bail by this Court, vide order dated 08.12.2025 passed in Cr.Misc. No. 79042 of 2025. Moreover, charge-sheet has already been submitted and petitioner is in custody since 31.03.2025.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for bail of petitioner.

6. In the facts and circumstances of the case as well as period of custody, the prayer for bail of petitioner is allowed. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-Vth, Siwan in connection with S.T. No. 485/2025, arising out of Mairwa P.S.

Case No. 136 of 2025.

(Prabhat Kumar Singh, J)

anay U T