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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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