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Patna High Court

Abhay Kumar @ BobbyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Abhay Kumar, sought regular bail in a case registered under Sections 303(2), 317(2) and 111 of the Bihar Negotiable Substances Act (B.N.S.). The prosecution alleged that the petitioner fled the scene of a theft involving a stolen bike, based on statements of co‑accused who were apprehended. The petitioner contended that he was falsely implicated, no contraband was recovered from him, and other co‑accused had already been granted bail; he had been in custody since 10 January 2026. The State opposed bail, highlighting the petitioner’s four prior criminal cases. After hearing both sides, the Court, noting the lack of material evidence against the petitioner and the bail already granted to co‑accused, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be a close relative.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged involvement in offences under Sections 303(2), 317(2) and 111 of the B.N.S. and having prior criminal antecedents.

Legislation cited

Subjects

  • regular bail
  • criminal antecedent
  • false implication
  • B.N.S.
  • Sections 303(2)
  • Sections 317(2)
  • Section 111
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27611 of 2026
                  Arising Out of PS. Case No.-9 Year-2026 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Abhay Kumar @ Bobby S/O Anirudh Singh R/o - Madarpur, Ps-
                 Buniyadganj, Dist- Gaya
                                                               ... ... Petitioner/s
                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 303(2),

                   317(2) and 111 of the B.N.S.

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

                   has input that certain miscreants have gathered with stolen bike.

                   One Dhiraj Kumar and Anant Kumar were apprehended. It is

                   alleged that certain miscreants have fled away. Apprehended co-

                   accused persons have named this petitioner is the person who

                   has fled away.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that
             Patna High Court CR. MISC. No.27611 of 2026(2) dt.19-06-2026
                                                         2/2




                       nothing has been recovered from his possession. His name has

                       surfaced in the statement of the apprehended co-accused. It has

                       further been submitted that other co-accused persons have

                       already been granted bail by this Court vide Cr. Misc. No.

                       16963 of 2026. Moreover, the petitioner is languishing in

                       judicial custody since 10.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of four 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

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

                       of the like amount each to the satisfaction of the learned

                       Additional Sessions Judge-III, Nawada in connection with

                       Muffasil P.S. Case No.09 of 2026 with the condition that

                       petitioner shall cooperate in the trial and one of the bailors

                       shall be close relative of the petitioner.


                                              (Ashok Kumar Pandey, J)

lata/-
U        T


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