Patna High Court
Bablu Kumar @ Babu @ BossversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to both petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Avinash Kumar and Bablu Kumar, sought bail in a case registered as Ranitalab P.S. Case No. 277 of 2025, which involved offences under IPC Sections 103(1) and 61(2) and Section 27 of the Arms Act. The prosecution alleged that the victims were shot and that the petitioners were implicated based solely on the confessional statement of a co‑accused, with no mention of their names in the FIR. The petitioners contended that they were falsely implicated, had no direct evidence against them, and highlighted that a co‑accused had already been granted bail in a similar proceeding. The State opposed bail, pointing to the petitioners' prior criminal antecedents. After hearing both sides, the Court found the lack of substantive evidence and the similarity to the earlier bail order sufficient to grant bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners despite the charges under IPC and the Arms Act.
- Whether the confessional statement of a co‑accused is sufficient to justify continued detention.
- Whether the petitioners' prior criminal antecedents preclude bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- confessional statement
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15394 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Avinash Kumar @ Shalu S/O Satish Singh R/O Village- Kab, P.S- Ranitalab,
Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 15486 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Bablu Kumar @ Babu @ Boss S/o Munna Singh Resident of Village- Kab,
P.S.- Ranitablab, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 15394 of 2026)
For the Petitioner/s : Mr.Samrendra Kumar Jha
For the Opposite Party/s : Mr.Rajendra Singh
(In CRIMINAL MISCELLANEOUS No. 15486 of 2026)
For the Petitioner/s : Mr.Samrendra Kumar Jha
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Ranitalab P.S. Case No. 277 of 2025 registered for the
offence punishable under Sections 103(1), 61(2) of the Indian
Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.15394 of 2026(2) dt.26-02-2026
2/3
3. The case of the prosecution in short is that while the
informant was about 50 meters away from his father, he found the
sound of firing and when he went near his father, he found that his
father had received bullet injury and had fallen down. Thereafter,
the informant raised an alarm and saw 3-4 persons fleeing towards
canal. The informant then took his father to hospital, where he
declared dead. It is further alleged that the deceased used to say
that one Anjani Kumar and Parwin Kumar were hatching a
conspiracy to commit his murder.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that the
petitioners are not named in the FIR. Their name has surfaced
during the course of investigation on the basis of the confessional
statement of Divyanshu Kumar @ Anshu Singh @ Anshu Kumar.
Save and except the confessional statement of co-accused,
nothing has come against the petitioners to implicate them. He
further submits that other co-accused person has already been
granted bail by this court vide Cr. Misc. No. 4868 of 2026. The
case of the petitioner stands on similar footing. Moreover,
Petitioner no. 1 namely, Avinash Kumar is languishing in judicial
custody since 25.11.2025, whereas petitioner namely, Bablu
Kumar is in judicial custody since 01.11.2025.
Patna High Court CR. MISC. No.15394 of 2026(2) dt.26-02-2026
3/3
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner no. 1 is having
criminal antecedent of one case whereas petitioner no. 2 has
criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
J.M.F.C., Danapur, Patna in connection with Ranitalab P.S. Case
No. 277 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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