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Patna High Court

Abhishek Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Abhishek Kumar, sought anticipatory bail after learning that he might be arrested in a case registered for offences under sections 109, 3(5) of the BNS and section 27 of the Arms Act, arising from a shooting incident at a cricket match. The FIR did not name the petitioner; his alleged involvement was based solely on a confessional statement of another accused, which the petitioner argued lacked evidentiary value. The State opposed the bail, but the court noted the petitioner’s clean record and the absence of any specific allegation against him in the FIR. Relying on the discretion under section 482(2) of the Bharatiya Nagarik Surakshna Sanhita, 2023, the court granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and required surrender within four weeks if arrested.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR and implicated only through a confessional statement of another accused under section 482(2) of the Bharatiya Nagarik Surakshna Sanhita, 2023

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • confessional statement
  • section 482
  • Bharatiya Nagarik Surakshna Sanhita
  • Arms Act
  • bail discretion
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1335 of 2026
                     Arising Out of PS. Case No.-206 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Abhishek Kumar @ Chhotu S/o Mukesh Prasad R/o Village - Maudahin, P.S -
                 Rani Talab, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Muskan Singh, Adv
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under section 109, 3(5) of the BNS

                   and section 27 of the Arms Act.

                                3. As per the prosecution case, during the cricket

                   match, when the winning team was being awarded by the Guest

                   Anjani Singh, some unknown criminals opened indiscriminate

                   firing at Anjani Singh due to which three persons Anjani Singh

                   husband of Mukhiya, Kumari Rajani, Dharmendra Kumar and

                   Vishwajeet Kumar were injured. After committing crime all the

                   assailants fled away from the place of occurrence on

                   Motorcycle. One of the criminal fled away leaving his

                   motorcycle. Four empty cartridges, for live rounds pistol and
Patna High Court CR. MISC. No.1335 of 2026(2) dt.28-01-2026
                                            2/3




          one Motorcycle were recovered on the spot. Hence the

          informant has registered the present case against unknown.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. The petitioner is not named in the FIR and his

          name has been surfaced on the basis of confessional statement

          of another accused which carries no evidentary value. There is

          no specific allegation against the petitioner. It is further

          submitted that the petitioner has got no criminal antecedent as

          disclosed in Paragraph-3 of the application.

                        5. Learned A.P.P for the State and learned counsel for

          the informant opposes the prayer for anticipatory bail of the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case and also taking note of the fact that petitioner is not

          named in the FIR, I am inclined to grant privilege of

          anticipatory bail to the petitioner.

                        7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged 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 the learned Chief Judicial Magistrate-
            Patna High Court CR. MISC. No.1335 of 2026(2) dt.28-01-2026
                                                        3/3




                      Patna in connection with Rani Talab P.S.Case No. 206 of 2025

                      subject to the conditions laid down under section 482(2) of the

                      Bharatiya Nagarik Surakshna Sanhita, 2023.



                                               (Alok Kumar Sinha, J)
N.K/-

U       T


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