Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond with two sureties.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a murder case (PS Case No. 123/2024) involving alleged killing of a deceased who was accused of rape and was lynched by a mob. He sought regular bail, claiming innocence, lack of presence in video evidence, and that he was falsely implicated, while acknowledging two prior criminal antecedents and his custody since March 2025. The prosecution opposed bail, citing the seriousness of the offences under Sections 126(2), 127(2), 115(2), 140(1), 140(3), and 3(5) of the B.N.S. The court, after considering the facts and circumstances, granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount. The order was pronounced by Justice Sandeep Kumar, allowing the petitioner’s release pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the B.N.S.
- Whether the presence of prior criminal antecedents and the ongoing custody affect the bail decision
Legislation cited
- B.N.S. — s. 115(2), 126(2), 127(2), 140(1), 140(3), 3(5)
Subjects
- bail
- criminal procedure
- murder
- mob lynching
- B.N.S.
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26029 of 2026
Arising Out of PS. Case No.-123 Year-2024 Thana- CHACKMEHSI District- Samastipur
======================================================
Abhishek Kumar S/O Lakhindra Paswan @ Lakhindar Paswan R/O Vill.-
Simri Gopal, P.S- Chakmehsi, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Chakmehasi P.S. Case No. 123/2024 registered for the offences
punishable under Sections 126(2)/ 127(2)/ 115(2)/ 140(1)/
140(3)/ 3(5) of B.N.S.
3. As per the prosecution case, petitioner is accused of
killing the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the deceased was accused
of committing rape with a girl and he was lynched by a mob.
Learned counsel further submits that the petitioner is not visible
in the video which captured the crime. Learned counsel lastly
Patna High Court CR. MISC. No.26029 of 2026(2) dt.20-04-2026
2/2
submits that petitioner has two criminal antecedents and he is in
custody since 10.03.2025 and the trial is also being delayed by
the prosecution. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Addl. Sessions Judge III,
Samastipur /concerned Court below in connection with
Chakmehasi P.S. Case No. 123/2024.
(Sandeep Kumar, J)
tusharika/-
U T
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