Patna High Court
Abhishek Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
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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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