Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the evidence did not justify continued detention.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a case registered under Section 317(5) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that four persons were apprehended, and while arms were recovered from the others, only a mobile phone was found on the petitioner. The petitioner contended that he was falsely implicated, had no criminal antecedents, and had been in judicial custody since 19‑01‑2026. The State opposed the bail application. After hearing both sides, the Court found insufficient material against the petitioner and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the Judicial Magistrate First Class, Saran.
Issues considered
- Whether bail should be granted to the petitioner under Section 317(5) of the Bharatiya Nyaya Sanhita and the Arms Act provisions, given the alleged lack of incriminating evidence against him.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 317(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- suspicion
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17256 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Abhishek Kumar S/o Sanjai Rai @ Sanjay Rai R/o Village - Bindalal Rampur,
P.S - Ekma, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Baniyapur P.S. Case No.52 of 2026 registered for the
offence punishable under Section 317(5) of the Bharatiya
Nyaya Sanhita and under Sectionss 25(1-b)a, 26 & 35 of the
Arms Act.
3. The case of the prosecution, in short, is that four
persons were apprehended including the petitioner and from
the possession of this petitioner only a mobile was recovered
whereas from possession of other persons arms were
recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.17256 of 2026(2) dt.23-03-2026
2/2
petitioner has submitted that save and except the recovery of
mobile which is of the petitioner, there is nothing against the
petitioner. He has falsely been implicated in this case merely
on the basis of suspicion. Learned counsel for the petitioner
has further submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 19.01.2026.
5. The application for bail is opposed by learned
APP for the State.
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 J.M.-
1st Class, Saran at Chhapra in connection with Banipyapur
P.S. Case No.52 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.