Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted regular bail to the petitioner with a bond and surety conditions, subject to possible cancellation for trial delay.
Summary
The petitioner, Ashish Kumar, was arrested in connection with offences under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. He has been in custody since 1 November 2025 and the FIR does not name him as an eyewitness, but his name appears in the confessional statement of co‑accused Santosh Kumar, who had earlier been granted regular bail. The petitioner has two prior cases, and the State opposed bail on the ground that he might abscond. The petitioner’s counsel argued that he would cooperate with the trial and that the earlier bail to Santosh Kumar indicated no risk. After hearing both sides, the Court ordered his release on regular bail upon furnishing a bond of Rs.25,000 with two sureties, one of which must be his father, Ravinder Kumar. The Court also directed that the trial court may cancel the bail if the petitioner attempts to delay framing of charge or the trial. Consequently, the petition for bail was allowed with conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite antecedent cases and his name appearing in a co‑accused's confessional statement.
- Whether the risk of absconding justifies denial of bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- antecedent cases
- confessional statement
- Arms Act
- Bihar Narcotic Substances Act
- trial court
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14744 of 2026
Arising Out of PS. Case No.-493 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Ashish Kumar S/o Ravinder Kumar R/o Village - Bhavdeva, P.S - Balwahat,
District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 103(1) and 3(5) of the BNS,
2023 as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and is in custody since
01.11.2025 and the informant alleges that her husband was shot
by the accused persons. It is further submitted that from perusal
of the allegation as alleged in the FIR, it would manifest that
informant is not an eyewitness to the occurrence nor has raised
any suspicion against the petitioner as the petitioner is not
named in the FIR. It is next submitted that informant raised
suspicion against five named accused persons of committing the
Patna High Court CR. MISC. No.14744 of 2026(2) dt.06-05-2026
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occurrence including Santosh Kumar and the name of the
petitioner transpired in the confessional statement of Santosh
Kumar. It is also submitted that Sontosh Kumar has been
granted the privilege of regular bail vide order dated 03.09.2025
in Cr. Misc. No. 43769 of 2025 by a learned Coordinate Bench
of this Court. It is, thus, submitted that the accused, in whose
confession the name of the petitioner transpired, has been
granted the privilege of regular bail, whether it would be
prudent for the Court to keep the petitioner in custody.
4. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner and submits that petitioner has
antecedent of two cases and if the privilege of regular bail is
granted to the petitioner, the petitioner may abscond on which
learned counsel appearing on behalf of the petitioner submits
that petitioner will not abscond rather will cooperate in the trial
to prove his innocence.
5. After hearing the learned counsel for the parties
and taking into consideration the submissions made by the
learned counsel appearing on behalf of the petitioner, the
petitioner, above-named, is directed to be released on bail on
furnishing bail bonds of Rs.25,000/- (Rupees Twenty-Five
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.14744 of 2026(2) dt.06-05-2026
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satisfaction of the learned Trial Court where the case is pending
in connection with Bakhtiyarpur P.S. Case No. 493 of 2024.
6. One of the bailors of the petitioner shall be his
father, namely, Ravinder Kumar.
7. However, it is made clear that if the learned Trial
Court comes to a conclusion that petitioner, after his release on
bail, is trying to delay the framing of charge or after framing of
charge is trying to delay the trial of the case in any manner, the
learned Trial Court in both the conditions shall be at liberty to
cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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