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Patna High Court

Abhijeet Raj @ Abhijeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to cash bond, sureties and conditions, pending further investigation.

Summary

The petitioner, Abhijeet Raj, was named in an FIR for murder under Sections 302 and 34 of the IPC and Section 27 of the Arms Act. He contended that he was not an eyewitness, that the FIR confused his identity with another person named Abhijeet Kumar, and that CCTV footage was of poor quality and did not clearly identify him. The petitioner, a 23‑year‑old B.Tech student with a clean record, sought anticipatory bail, arguing lack of material linking him to the crime and his willingness to cooperate. The State opposed the bail, citing the seriousness of the offences and the evidence presented in a related trial. The Court, after considering the submissions and the precedent of a similar bail order, granted anticipatory bail subject to a cash bond, sureties, and conditions under Section 438 of the CrPC, with a provision for cancellation if he fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations of murder and arms offences.
  • Whether the identification of the petitioner from the FIR and CCTV footage is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC 302
  • Arms Act
  • CCTV identification
  • student petitioner
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14308 of 2026
                    Arising Out of PS. Case No.-116 Year-2023 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Abhijeet Raj @ Abhijeet Kumar Son of Late Ajay Kumar Singh R/o Vill. -
                 Surya Mandir Road, Srirampur, Sirirampur, Bihta, P.S. - Bihta, Dist. - Patna.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar Singh, Sr. Advocate
                                                 Mr. Mukul Kumar, Advocate
                                                 Mr. Lal Babu Singh, Advocate
                                                 Mr. Ashish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Madhura Nand Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-03-2026                   1. Heard learned Senior Counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 302 and 34

                   of the Indian Penal Code, 1860 as well as Section 27 of the

                   Arms Act, 1959.

                                 3. Learned Senior Counsel for the petitioner submits

                   that petitioner is a person with clean antecedent and is a young

                   boy aged about 23 years and the informant alleges that

                   petitioner along with five named accused persons and some

                   unknown accused shot his grandson near the Chowmin Shop

                   leading to his death.

                                 4. Learned Senior Counsel for the petitioner submits
Patna High Court CR. MISC. No.14308 of 2026(2) dt.18-03-2026
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          that from perusal of the allegation as alleged in the FIR, it

          would manifest that informant is grandfather of the deceased

          and he alleges that his grandson was shot dead by the accused

          persons but then is not an eyewitness to the occurence as from

          the FIR itself it manifests that the public disclosed the name of

          the assailants who committed the occurrence of murder. It is

          further submitted that no doubt, Abhijeet Kumar, resident of

          Shivpuri, is an accused in the FIR by name but then the

          parentage of Abhijeet Kumar is not dislcosed in the FIR. It is

          next submitted that the name of the petitioner is Abhijeet Raj @

          Abhijeet Kumar and not Abhijeet Kumar and he is son of Late

          Ajay Kumar Singh and is resident of Surya Mandir Road

          Srirampur, Sirirampur, Bihta, Police Station Bihta, District

          Patna. It is next submitted that petitioner was not even aware

          that an FIR has been instituted in which the police without

          investigating the case in its correct perspective is looking for the

          petitioner. It is also submitted that during the course of

          investigation Aman, Shivji and Avinash were arrested and from

          perusal of their statements recorded under Section 161 Cr.P.C.,

          it would manifest that they have named one Abhijeet Kumar but

          then have not dislcosed the parentage and have stated that he is

          resident of Shivpuri. It is asserted and submitted that even the
Patna High Court CR. MISC. No.14308 of 2026(2) dt.18-03-2026
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          apprehended accused have not dislcosed that Abhijeet Kumar

          who was involved in the occurrence is a resident of Bihta. It is

          next submitted and assereted that during the course of

          investigation, no material transpired even to remotly connect the

          petitioner with the offence on the ground that he is a resident of

          Shivpuri in the district of Patna. It is also submitted that during

          the course of investigation, it has come that bystanders from the

          CCTV footage had identified the assailants of the deceased and

          the petitioner was also identified. It is further submitted that if

          what has come during the course of investigation that petitioner

          was identified based on CCTV footage by bystanders in that

          event definitely the case is not for anticipatory bail but then it is

          submitted that Shivji was arrested and was convicted by the

          learned trial court by judgment dated 04.09.2025 in S.Tr. No.

          1012 of 2023. It is next submitted that in the trial, the

          Investigating Officer was cross-examined and stated that he had

          seen the CCTV footage but the CCTV Camera was of low

          quality in which three bikes were visible, people were coming

          but faces were not clearly visible which amply demonstrates

          that the petitioner was not identified based on the CCTV

          footage. It is also submitted that the informant of the case was

          also cross-examined in the trial of Shivji and dislcosed that he
Patna High Court CR. MISC. No.14308 of 2026(2) dt.18-03-2026
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          had identified the assailant of his grandson but was not knowing

          his name but in the trial he identified Shivji as the assailant and

          also stated that he had not seen any other accused persons. It is

          further submitted that petitioner is a student and presently is

          pursuing his B.Tech. (Computer Science) from Sharda

          University, Greater Noida as would manifest from Annexure-P/4

          to the anticipatory bail application. It is next submited that in

          support of the fact that petitioner is a student his marks of +2

          has also been annexed as Annexure-P/3 to the anticipatory bail

          application.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that the evidence

          which came in the trial of Shivji cannot be looked into in the

          trial which shall be conducted against the petitioner on which

          learned Senior Counsel appearing on behalf of the petitioner

          submits that the said submission of the learned A.P.P. cannot be

          disputed but then Anand Kumar Singh @ Anand had

          approached this Court seeking anticipatory bail by filing Cr.

          Misc. No. 22117 of 2023 and the same came to be allowed by

          an order dated 11.07.2023. It is fairly submitted that the only

          difference in the case of petitioner and Anand Kumar Singh @

          Anand is that the apprehended accused in their statements
Patna High Court CR. MISC. No.14308 of 2026(2) dt.18-03-2026
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          recorded under Section 161 Cr.P.C. had not disclosed the name

          of Anand Kumar Singh @ Anand but the same is true also for

          the petitioner as the apprehended accused had disclosed the

          name of Abhijeet Kumar and not Abhijeet Raj @ Abhijeet

          Kumar nor anything during the course of investigation

          transpired connecting the petitioner that he is a resident of

          Shivpuri. It is next submitted that though what transpired in the

          trial of Shivji will not come by way of aid to the petitioner if the

          trial against him also commences but then for the purposes of

          anticipatory bail and considering the fact that petitioner is a

          student and the manner in which he has been implicated should

          also be taken into consideration. It is also submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       6. Considering the submissions made by the learned

          Senior Counsel for the petitioner, let the petitioner, above-

          named, in the event of his arrest or surrender within a period of

          six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Trial Court where the case is

          pending/Successor Court in connection with Shastri Nagar P.S.
           Patna High Court CR. MISC. No.14308 of 2026(2) dt.18-03-2026
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                     Case No. 116 of 2023, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. One of the bailors of the petitioner shall be his

                     uncle (Mama), namely, Sunny Kumar.

                                  8. However, it is made clear that if the Investigating

                     Officer of the case files an application before the learned Trial

                     Court bringing to its notice that the petitioner, despite giving

                     assurance to this Court, is not cooperating in the investigation,

                     the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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