Patna High Court
Abhishek Kumar @ Kumar AbhishekversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court enlarged the petitioner on bail.
Summary
Abhishek Kumar was arrested in connection with a land‑dispute‑related shooting that injured Dhiraj Kumar and Rakesh Kumar. The prosecution alleged that Kumar fired the gun, invoking multiple sections of the Bihar Negotiable… (B.N.S.) and Sections 27 and 30 of the Arms Act. The petitioner claimed innocence, arguing that the injured parties’ statements indicated indiscriminate firing by several accused and that the FIR allegations were mitigated during investigation. The State opposed bail, highlighting two prior criminal cases and the seriousness of the injuries. After hearing both sides, the High Court granted bail on a bond of Rs 10,000 with two sureties, subject to the petitioner’s cooperation and an order to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his criminal antecedents
- Whether the evidence on record sufficiently links the petitioner to the alleged firing
- Whether the petitioner is likely to tamper with evidence or flee
Legislation cited
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- land dispute
- attempted murder
- hurt by dangerous weapon
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14125 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Abhishek Kumar @ Kumar Abhishek, S/o Sri Chandeshwar Singh, R/o vill -
Rampur Bakhra, P.S.- Bhagwanpur, Distt. - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Bhagwanpur P.S. Case No. 297 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 329(2),
115(2), 118(1), 126(2), 352, 351(2) and 109 of B.N.S. and
Sections 27 and 30 of the Arms Act.
3. The case of the prosecution, in short, is that due to
land dispute, the petitioner has fired with gun which hit one
Dhiraj Kumar and Rakesh Kumar.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has further submitted
Patna High Court CR. MISC. No.14125 of 2026(2) dt.25-02-2026
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that though there is allegation in the F.I.R. that the fire was
made by the petitioner but from perusal of the statement of
injured persons it will transpire that they have stated that all the
accused persons made indiscriminate firing. It has further been
submitted that the allegations which are made in the F.I.R. they
are mitigated during investigation. Petitioner is languishing in
judicial custody since 13.10.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail and has submitted that petitioner is having
criminal antecedent of two cases. Learned counsel for the
informant has submitted that Diraj Kumar has received gunshot
injury in his stomach and the diagnostics report of Dhiraj Kumar
shows that there is collapse of jejunal and ileal bowel loops
with mild surrounding fluid and fat stranding. Adjacent few air
foci are noted, suggestive of minimal to mild
pneumoperitoneum. These findings are associated with proximal
mild dilatation of small bowel loops and ill-defind, mildly
byperdense enhancing are measuring approximately 4.8. x 3.0
cm is seen in the mesenteric region adjacent to the jejunal loops,
likely representing mesenteric hematoma/contusion. Learned
counsel for the informant has further submitted that there is no
Patna High Court CR. MISC. No.14125 of 2026(2) dt.25-02-2026
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land dispute regarding the said land.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-VI, Vaishali at Hajipur in
connection with Bhagwanpur P.S. Case No. 297 of 2025 with
the condition that petitioner shall cooperate in the trial.
7. Learned trial Court is directed to expedite the trial.
(Ashok Kumar Pandey, J)
lata/-
U T
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