Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner subject to a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Akash Kumar, applied for regular bail in a case involving alleged assault with a pistol, indiscriminate firing, and violations of the B.N.S., 2023 and the Arms Act. The prosecution alleged that the petitioner, along with co‑accused, attacked an informant, causing injuries and firing at him. The petitioner contended that he was falsely implicated, that the main accused had already been granted bail, and that he had no prior convictions and would cooperate with the trial. The State opposed the bail on the seriousness of the charges. After considering the facts, the nature of the allegations, and the period of custody already served, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the B.N.S., 2023 and the Arms Act
Legislation cited
- Arms Act — s. 25(1-b)a, 26(i), 27, 35
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- regular bail
- bail application
- criminal procedure
- Arms Act
- B.N.S. 2023
- assault with firearm
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19445 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- LAKHISARAI District- Lakhisarai
======================================================
Akash Kumar S/o- Manoj Kumar Prasad @ Manoj Prasad @ Manoj Ram
R/v- East Gidha Ps- Halsi Dist- Lakhisarai, P/A- Nanihal Santar Mohalla
W.No-13, Ps Dist- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate.
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Lakhisarai P.S. Case No.10 of 2026 for the offences registered
under Sections 126(2), 115(2), 109, 352, 351(2) & 3(5) of the
B.N.S., 2023 and under Sections 25(1-b)a, 26(i), 35 & 27 of the
Arms Act.
3. As per the prosecution case, the informant has
alleged when he was going to station in the meantime the
petitioner along with co-accused Akash Kumar @ Bauwa @
Pahari and 4-5 unknown persons intercepted him and started
abusing and assaulting on his face by means of butt of pistol
causing injury to him. It is alleged that accused persons after
making indiscriminate firing upon the informant, managed to
Patna High Court CR. MISC. No.19445 of 2026(3) dt.13-05-2026
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escape from the place of occurrence. It is also alleged that the
police party recovered empty cartridge from the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this case.
He further submits that co-accused Akash Kumar @ Bauwa @
Pahari was running a hotel business and had some scuffle for
payment of meal on the day of occurrence with the informant but
the petitioner who resides at his maternal uncle’s house has also
been implicated by the informant with ulterior motive. Learned
counsel submits that as per the allegation in the F.I.R., the
petitioner was only member of mob. He further submits that the
main accused, namely, Akash Kumar @ Bauwa @ Pahari against
whom there is a direct allegation of assault has already been
granted bail by the learned Trial Court itself. Petitioner is in
custody since 07.01.2026, who has two criminal antecedents, in
which he is on bail and he undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, and the nature of
allegation leveled against the petitioner as well as the period of
custody already undergone by him, let the petitioner, named
Patna High Court CR. MISC. No.19445 of 2026(3) dt.13-05-2026
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above, be enlarged on bail upon furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Lakhisarai, District-Lakhisarai/ concerned Court in
connection with Lakhisarai P.S. Case No.10 of 2026.
(Sunil Dutta Mishra, J)
Ritik/-Utkarsh/-
U T
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