Patna High Court
Akash Kumar Turha @ Akash Kumar @ Aakash Kumar SahversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
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
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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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