Patna High Court
Abhinandan Kumar @ Avinandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the court found no sufficient ground to grant relief.
Summary
The petitioner, Abhinandan Kumar, filed an anticipatory bail application after an FIR (Bhagwanpur PS Case No. 297 of 2025) was lodged alleging his involvement in a shooting arising from a land dispute. The FIR charges him under multiple provisions of the B.N.S. and Sections 27 and 30 of the Arms Act for offences including unlawful discharge of firearms and causing injuries. The informant, Niraj Kumar, claims that Abhinandan, on orders of senior persons, opened fire, injuring three persons, and points to an injury report as evidence. The petitioner contended that witness statements are contradictory and that the specific allegation against him is not substantiated. The court examined the material evidence, noted the seriousness of the allegations and the lack of any mitigating factor, and held that anticipatory bail could not be granted. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the FIR and the allegations made against him
- Whether the evidence on record is sufficient to justify denial of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- FIR
- land dispute
- firearms
- Arms Act
- B.N.S.
- conflicting testimony
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13388 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Abhinandan Kumar @ Avinandan Kumar S/O Chandeshwar Singh R/O
Village- Rampur bakhra, P.S.- Bhagwanpur, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 29-04-2026 Heard Mr. Shashank Shekhar, learned counsel for the
petitioner, the State as also Ms. Kumari Anjali, learned counsel
for the informant.
2. The petitioner is apprehending his arrest in
connection with Bhagwanpur P.S. Case No. 297 of 2025 for the
offence under sections 191(2), 191(3), 190, 329(2), 115(2),
118(1), 126(2), 352, 351(2) and 109 of the B.N.S. and Sections
27 and 30 of the Arms Act lodged on 12.10.2025 by the
informant, Niraj Kumar.
3. As per the prosecution story, the informant alleged
that due to the land dispute, the accused persons came forward
and on the order of Chandeshwar Singh and Jaleshwar Singh,
allegation is that Abhishek and Abhinandan (petitioner herein)
opened fire which hit Guriya Kumari, Dheeraj Kumar and
Patna High Court CR. MISC. No.13388 of 2026(4) dt.29-04-2026
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Rakesh Kumar Pandey. This led to the FIR.
4. Learned counsel for the petitioner submits that
there is conflicting statement made by the witnesses so far as the
allegation of firing is concerned and some has attributed it to
Abhishek.
5. Learned counsel for the informant on the other
hand has submitted that there is a specific allegation against
Abhinandan that he opened fire causing injury to Rakesh Kumar
Pandey and the injury report clearly supports the said allegation.
She further submits that he has two criminal antecedents one of
which is under 307 of the IPC though he stands acquitted in the
said case.
6. Taking into account the submissions of the parties
coupled with the allegation that has come against the petitioner,
no relief can be extended to him.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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