Patna High Court
Avinash Kumar @ Avnish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to bail on the condition of a Rs.10,000 bond and two sureties.
Summary
Avinash Kumar, a 19‑year‑old, was arrested after a robbery in which Rs.31,500 was taken and a country‑made pistol with live cartridges was recovered from his person. He was charged under several sections of the Bihar Negotiable Instruments (B.N.S.) Act and the Arms Act. The petitioner pleaded innocence, claiming no incriminating article was in his conscious possession and that he has no criminal antecedent. The prosecution opposed bail, but the court noted his young age, the filing of the charge sheet, and the absence of any risk of absconding or evidence tampering. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with robbery, theft, and illegal possession of a firearm under the B.N.S. Act and the Arms Act.
Legislation cited
Subjects
- bail
- robbery
- theft
- illegal possession of firearm
- Arms Act
- criminal procedure
- young adult
- charge sheet
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11901 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Avinash Kumar @ Avnish Kumar S/O Sudhir Kumar Singh @ Sudhir Singh
@ Sudheer Kumar Singh Village- Amouja, PS- Phulparas, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered
under Sections 126(2) 115(2), 109(1), 352, 303(2) and 3(5) of
B.N.S. and Section 25(1-B)a, 26 and 35 of the Arms Act.
3. As per prosecution case, on the alleged date of
occurrence, when the informant and his brother reached near
Kali Asthan at about 8:00 p.m., four unknown persons came
with motorcycle and surrounded them and took away
Rs.31,500/- from the pocket of informant and started to flee
away, during course of which police came there and arrested the
petitioner on the spot and on search, a country made pistol along
with three live cartridges was recovered from the waist of
Patna High Court CR. MISC. No.11901 of 2026(2) dt.25-02-2026
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petitioner. Police also seized one motorcycle from the place of
occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating article has been recovered from
conscious possession of the petitioner. Petitioner has no concern
with the seized motorcycle. The charge sheet has already been
submitted and there is no chance of absconding of the petitioner
or tampering with the evidence. Petitioner, aged about 19 years,
is in jail since 24.10.2025 having no criminal antecedent and he
undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Considering the facts and circumstances of the
case, submissions of the parties and the facts that petitioner is a
young boy aged about 19 years, charge sheet has already been
submitted, there is no criminal antecedent of petitioner and the
period of custody undergone by him, let the above named
petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. -II,
Madhubani/concerned court in connection with Phulparas P.S.
Patna High Court CR. MISC. No.11901 of 2026(2) dt.25-02-2026
3/3
Case No.441 of 2025 corresponding to G.R. No.1991 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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