Patna High Court
Abhay Kumar @ BobbyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Substances Act — s. 111, 303(2), 317(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.