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Patna High Court

Akash Kumar Turha @ Akash Kumar @ Aakash Kumar SahversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

Bail is to be granted to the petitioner upon furnishing a bond of Rs 10,000 and two sureties.

Summary

Akash Kumar Turha was charged under multiple sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly firing at an informant, causing injuries. He had been in custody since 7 March 2025 and had completed the statutory one‑year period before filing the bail application. The prosecution highlighted his prior criminal antecedent and alleged threats to a witness by the petitioner’s brother. The petitioner argued that no trial had progressed beyond framing of charges and that a witness‑protection scheme existed. Considering the lack of trial progress, the completion of the custody period, and the availability of protection mechanisms, the court ordered his release on bail with a bond and sureties. The bail was granted subject to a Rs 10,000 bond and two sureties satisfactory to the Principal Sessions Judge.

Issues considered

  • Whether bail should be granted after the petitioner has completed one year of custody despite the seriousness of the offences.
  • Whether alleged threats to a witness and the petitioner’s prior criminal antecedent preclude bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • witness protection
  • arms act
  • custody period
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20872 of 2026
                      Arising Out of PS. Case No.-101 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Akash Kumar Turha @ Akash Kumar @ Aakash Kumar Sah S/O
                 Chandeshwar Sah @ Chanesar Sah R/O Village - Mirganj, P.S- Mirganj,
                 District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Harsh Singh, Advocate
                                                   Mr. Abhijeet, Advocate
                 For the Opposite Party/s :        Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Mirganj P.S. Case No. 101 of 2025 instituted for the offence under

                   Sections 115(2), 126(2), 109, 352 and 351(2), 3(5) of the B.N.S.,

                   2023 and Section 27 of the Arms Act which was earlier rejected by

                   this Court vide order dated 27.11.2025 passed in Cr. Misc. No.

                   62424 of 2025 with an observation that the petitioner will be at

                   liberty to renew his prayer for bail after completing the custody

                   period of one year.

                                 3. The case of the prosecution, in short, is that the

                   petitioner had fired thrice at the informant on a trivial issue due to

                   which he has received gun shot injuries.
Patna High Court CR. MISC. No.20872 of 2026(2) dt.17-04-2026
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                       4. Learned counsel for the petitioner has submitted that

          the petitioner is in custody since 07.03.2025. He has already

          completed one year of incarceration. He further submits that from

          perusal of Annexure-3, it will transpire that till today only charges

          have been framed and no witness has been examined.

                       5. The application for bail is vehemently opposed by

          the learned counsel for the informant and the learned APP for

          the state and submits that the petitioner has a criminal

          antecedent of one case. Learned counsel for the informant

          submits that he had filed a petition before the police while the

          investigation was under progress that the brother of the

          petitioner is threatening one of the witnesses, Bhola of dire

          consequences.

                       6. Countering this, the learned counsel for the

          petitioner has submitted that there is a witness protection

          scheme and the petition should be filed before the competent

          authority, who will assess the threat, and thereafter protection in

          that accordance will be given. Petitioner has already served the

          period of one year in incarceration.

                       7. 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
           Patna High Court CR. MISC. No.20872 of 2026(2) dt.17-04-2026
                                                       3/3




                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Principal Sessions Judge, Gopalganj in connection with Mirganj

                     P.S. Case No. 101 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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