Patna High Court
Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the offences and the commencement of trial warrant the continued detention of the petitioner.
Summary
The petitioner, Abhay Kumar, was charged under multiple sections of the Bihar Narcotic Substances Act and Section 27 of the Arms Act for allegedly being the driver of a motorcycle on which an assailant, Munji Kumar, shot and injured a victim. He has been in custody since 25 August 2025 and filed a second bail application after an earlier rejection. The prosecution contended that the petitioner participated in the shooting, and the trial had already commenced. The court considered the seriousness of the offences and the fact that the trial was underway, and consequently refused to grant bail. The bail application was dismissed, with the court indicating that the petitioner could reapply if the trial is unduly delayed.
Issues considered
- Whether bail should be granted to the petitioner given the gravity of the offences under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the commencement of trial precludes the grant of regular bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 118(1), 118(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- gravity of offence
- trial commencement
- detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10397 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Abhay Kumar S/o Late Nanhe Ram @ Nanhe Singh R/o Village - Sadipur
Takeya, P.S. - Obra, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the State : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Obra P.S. Case
No. 293 of 2025, G.R. No. 1138 of 2025, registered for the
offence under Sections 115(2), 126(2), 109(1), 118(1), 118(2),
and 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 19.11.2025 passed in Cr. Misc.
No. 78732 of 2025, which reads as under:
“Heard learned counsel for the
petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in
connection with Obra P.S. Case No. 293 of 2025,
G.R. No. 1138 of 2025, registered for the offence
under Sections 115(2), 126(2), 109(1), 118(1),
118(2), and 3(5) of the B.N.S. and Section 27 of
Patna High Court CR. MISC. No.10397 of 2026(2) dt.16-02-2026
2/2
the Arms Act.
3. As per the prosecution case, the
petitioner was driving the motorcycle on which
the assailant, Munji Kumar, was also sitting,
they went and Munji Kumar shot at the victim.
The petitioner is in jail since 25.08.2025.
4. Considering the fact that the
petitioner and the co-accused have shot at the
victim and injured him, I am not inclined to
grant bail to the petitioner. This application for
regular bail stands rejected.
5. If the trial is delayed by the
prosecution, the petitioner may renew his prayer
for bail.”
4. It is fairly submitted by learned counsel for the
petitioner that the trial has started.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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