Patna High Court
Avishek Kumar @ Bhuwar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Avishek Kumar, was arrested on 6 December 2025 in connection with a 2019 robbery case (Section 392 IPC) involving the looting of a petrol pump. He contended that he was falsely implicated, not named in the FIR, and that his name surfaced only from a co‑accused’s confession, with no material recovered from his possession. The prosecution opposed bail, citing three prior criminal antecedents, though the petitioner was already on bail in those matters. The court noted that co‑accused in the same case had previously been granted bail and, considering the lack of evidence against the petitioner and his cooperation, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 392 IPC despite alleged false implication and prior criminal antecedents.
- Whether the petitioner’s potential non‑appearance or tampering with evidence justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- IPC Section 392
- false implication
- criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18815 of 2026
Arising Out of PS. Case No.-422 Year-2019 Thana- KOILWAR District- Bhojpur
======================================================
Avishek Kumar @ Bhuwar Kumar S/o- Subodh Rai @ Subodh Ray Resident
of Gidhi P.S- Koilwar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
Mr. Amish Kuma No. 1, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-04-2026 Heard Mr. Ravindra Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.12.2025 in connection with Koilwar P.S. Case No. 422 of
2019, F.I.R. dated 19.12.2019 for the offences punishable under
Section 392 of the IPC.
3. According to prosecution case, some miscreants on
the point of pistol have looted Rs. 92,456/- from the petrol
pump of which informant is the manager.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
name has been transpired on the basis of the confessional
Patna High Court CR. MISC. No.18815 of 2026(2) dt.03-04-2026
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statement of the co-accused, namely, Ashish Kumar @ Bipul
Kumar. He further submits that nothing has been recovered from
the possession or the house of the petitioner and till date no TIP
has been conducted by the prosecution. He further submits that
the police after investigation submitted the charge sheet against
the petitioner. He further submits that similarly situated, co-
accused, namely, Vicky Kumar has been granted bail by a co-
ordinate Bench of this Court vide order dated 29.09.2022 passed
in Cr. Misc. No. 19702 of 2022 and another co-accused, namely,
Ashish Kumar @ Bipu Kumar @ Bipul Kumar has been granted
bail by this Court vide order dated 04.08.2022 passed in Cr.
Misc. No. 18929 of 2022. The petitioner is in custody since
06.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries three criminal antecedents other
than the present one but fairly submits that he is on bail in all
the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Patna High Court CR. MISC. No.18815 of 2026(2) dt.03-04-2026
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Judicial Magistrate, Bhojpur at Ara in connection with Koilwar
P.S. Case No. 422 of 2019, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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