Patna High Court
Abhishek Kumar Yadav @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Abhishek Kumar Yadav was arrested in connection with a case involving offences under Sections 121, 121(2), 109, 132 of the Indian Penal Code and Sections 25(1‑b)a, 26 and 27 of the Arms Act, alleged to have confessed, attempted to flee and fired on police, resulting in his own gunshot injury and seizure of a pistol and cartridges. The petitioner claimed innocence, stating he was the victim and that the police falsely implicated him, and he had been in judicial custody since 22‑01‑2025. The State opposed bail, citing the seriousness of the charges and the petitioner’s alleged criminal antecedent. After hearing both sides, the court considered the facts, the nature of the offences, and the petitioner’s custody status. The court decided to enlarge the petitioner on bail, directing him to furnish a bond of Rs.10,000 with two sureties. The bail order was issued by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail can be granted in a case involving offences under Sections 121, 121(2), 109, 132 of the IPC and Arms Act provisions despite the seriousness of the charges
- Whether the petitioner’s alleged criminal antecedent justifies denial of bail
- Whether the circumstances of the alleged firing on police and the petitioner’s injury affect the bail decision
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Indian Penal Code — s. 109, 121, 121(2), 132
Subjects
- bail
- serious offences
- IPC sections 121
- Arms Act
- judicial custody
- police firing
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26756 of 2026
Arising Out of PS. Case No.-17 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Abhishek Kumar Yadav @ Abhishek Kumar Son of Ramesh Yadav @
Rameshwar Prasad Yadav R/o - Bhagwan Tola, P.S. - Uchakagaon, District -
Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Shekhar Pandey, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Uchakagaon P.S. Case No. 17 of 2025 registered for the
offence punishable under Sections 121, 121(2), 109, 132 of the
B.N.S., 2023 of the Indian Penal Code and Sections 25(1-b)a,
26 and 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
police have gone to apprehend this petitioner in connection with
Uchakagaon P.S. Case No. 312 of 2024. It is alleged that he has
confessed his guilt in the said case, and while he was being
brought, he attempted to flee and has also fired on the police
party. Nobody has received any injury; however, police made a
Patna High Court CR. MISC. No.26756 of 2026(2) dt.22-04-2026
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counter firing in which the petitioner has received a gunshot
injury. It is further alleged that from the possession of this
petitioner, one country-made pistol and three live cartridges
were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He further submits that from perusal of
the FIR, it transpires that the petitioner was apprehended by the
police and in his confessional statement, stated that he had
concealed the pistol in the bushes, from where the said firearm
was subsequently recovered. Learned counsel further submits
that the petitioner himself sustained a gunshot injury and is, in
fact, the victim in the present case. It is alleged that the police
have falsely implicated the petitioner in this case. Moreover, the
petitioner is languishing in judicial custody since 22.01.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of two cases.
6. 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.26756 of 2026(2) dt.22-04-2026
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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
A.C.J.M-I, Gopalganj, Bihar in connection with Uchakagaon
P.S. Case No. 17 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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