Patna High Court

Abhishek KumarversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court granted bail to the petitioner subject to bond, sureties, and attendance conditions.

Summary

The petitioner, Abhishek Kumar, was arrested in connection with a case registered under Sections 109(1), 351(3), 3(5) of the BNS and Section 27 of the Arms Act, alleged to have fired a weapon without causing injury. He had been in custody since 26 September 2025 and claimed two prior antecedent cases. The petitioner applied for bail, asserting innocence and false implication, while the State opposed the bail. The Court, after considering the facts and submissions, granted bail on the condition of a Rs.10,000 bond with two sureties and required the petitioner to attend the police station every Sunday. The Court also directed verification of any other antecedent cases before final acceptance of the bail bond, and clarified that the order is limited to the bail application and does not prejudice the trial.

Issues considered

Whether the petitioner is entitled to bail despite the serious charges under the BNS and Arms Act and his antecedent cases

Legislation cited

Arms Act — s. 27
BNS — s. 109(1), 3(5), 351(3)

Subjects

bail
criminal procedure
Arms Act
antecedent cases
police attendance
bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19273 of 2026
                      Arising Out of PS. Case No.-488 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Abhishek Kumar S/o Pradip Verma @ Pradeep Verma R/o - Chhoti Nagla
                 Master Colony, P.S - Malsalami, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar Pradhan
                                                 Mr. Krishna Gond
                 For the Opposite Party/s :      Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Malsalami P.S. Case No. 488 of 2025 registered for the offence

                   under Sections 109(1), 351(3), 3(5) of the BNS and under

                   Section 27 of the Arms Act.

                                   3. As per the prosecution case, the petitioner is said

                   to have fired but the same did not hit anyone.

                                    4. The petitioner is in custody since 26.09.2025 and

                   he claims to have two antecedents i.e. Alamganj P.S. Case No.

                   361 of 2023 and Malsalami P.S. Case No. 487 of 2025.

                                    5. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated
Patna High Court CR. MISC. No.19273 of 2026(2) dt.31-03-2026
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          in this case.

                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned ACJM-IV,

          Patna City/concerned Court below in connection with

          Malsalami P.S. Case No. 488 of 2025.

                       8. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Malsalami Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       9. As the petitioner claims to have two antecedent

          except the present case, the Court below, before accepting the

          bail bonds of the petitioner is directed to verify the antecedent

          of the petitioner. If the petitioner is found to be involved in any

          other case except the present case and Malsalami P.S. Case No.

          487 of 2025 and Alamganj P.S. Case No. 361 of 2023 then the

          bail bonds of the petitioner shall not be accepted.
          Patna High Court CR. MISC. No.19273 of 2026(2) dt.31-03-2026
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                                 10. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not express

                    any opinion on the merits of the case.



                                                                  (Sandeep Kumar, J)
Vikas/-

U

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