Patna High Court
Abhishek Kumar @ Chhotu Kumar Singh @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with specified conditions, as the evidence against him was indirect and co‑accused had been granted bail in similar circumstances.
Summary
The petitioner, Abhishek Kumar, was arrested on 14‑12‑2025 in connection with a 2022 case involving alleged robbery, dacoity and illegal possession of firearms under Sections 399, 402, 400, 401, 34 of the IPC and Sections 25(1‑B)A, 26, 35 of the Arms Act. The prosecution’s case rests mainly on statements made by co‑accused who were apprehended and on the recovery of a loaded pistol and cartridges from them, with no material seized from the petitioner’s possession or residence. The petitioner argued that his name surfaced only through the co‑accused’s disclosures and that several similarly situated co‑accused had already been granted anticipatory or regular bail by this Court. The State opposed bail, citing the petitioner’s four other pending cases, though he was already on bail in those matters. Considering the lack of direct evidence against the petitioner, the precedent of bail to co‑accused, and the principles of bail jurisprudence, the Court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to strict conditions. The order also directed that the bail bond not be delayed for verification of criminal antecedents and provided for cancellation on non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC and Arms Act.
- Whether the statements of co‑accused, without any material seized from the petitioner, constitute sufficient ground to deny bail.
- Whether the petitioner’s other pending criminal cases affect the grant of bail in the present matter.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 35
- Indian Penal Code — s. 34, 399, 400, 401, 402
Subjects
- bail
- anticipatory bail
- IPC
- Arms Act
- high court
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28384 of 2026
Arising Out of PS. Case No.-289 Year-2022 Thana- MINAPUR District- Muzaffarpur
======================================================
Abhishek Kumar @ Chhotu Kumar Singh @ Chhotu Kumar Son of Ajay
Kumar Singh, R/o Village- Jamin Mathiyan, P.S. Minapur, District-
Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the State : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-04-2026 Heard Mr. Santosh Kumar, learned counsel for the
petitioner and Mr. Ram Naresh Ray, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
14.12.2025, in connection with Minapur P.S. Case No. 289 of
2022, F.I.R. dated 06.06.2022 registered for the offences
punishable under Sections 399, 402, 400, 401, 34 of the Indian
Penal Code and Sections 25(1-B)A, 26, 35 of the Arms Act.
3. As per the prosecution case, on secret information
police reached the place of occurrence where on vehicle was
found standing in which 5-7 persons were sitting. On seeing the
police they started running and on chase two persons were
apprehended and from the possession of the apprehended
persons one loaded country made pistol and two cartridges were
Patna High Court CR. MISC. No.28384 of 2026(2) dt.23-04-2026
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recovered.
4. Learned counsel for the petitioner submits that the
name of the petitioner has been transpired on the basis of
disclosure made by apprehended co-accused persons, namely,
Pankaj Kumar and Vikash Kumar and except the disclosure
made by apprehended co-accused persons, nothing has come
during investigation to suggest the involvement of the petitioner
in the present occurrence. He further submits that nothing has
been recovered from the conscious possession of the petitioner
or the house of the petitioner and similarly situated co-accused
person, namely, Shekhar Kumar has been granted the privilege
of anticipatory bail by a Coordinate Bench of this Court vide
order dated 06.02.2023 passed in Cr. Misc. No. 68724 of 2022,
another co-accused persons, namely, Chandan Kumar and
Deepak Kumar have been granted the privilege of anticipatory
bail by a Coordinate Bench of this Court vide order dated
29.04.2023 passed in Cr. Misc. No. 13292 of 2023, another co-
accused person, namely, Pankaj Kumar @ Pankaj Sahni has
been granted bail by this Court vide order dated 16.05.2023
passed in Cr. Misc. No. 15775 of 2023, another co-accused
person, namely, Vishal Kumar has been granted the privilege of
anticipatory bail by a Coordinate Bench of this Court vide order
Patna High Court CR. MISC. No.28384 of 2026(2) dt.23-04-2026
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dated 06.07.2023 passed in Cr. Misc. No. 18084 of 2023,
another co-accused person, namely, Harpit Kumar has been
granted the privilege of anticipatory bail by a Coordinate Bench
of this Court vide order dated 31.07.2024 passed in Cr. Misc.
No. 35044 of 2024 respectively. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 14.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries four more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the case
as well as similarly situated co-accused persons have been
granted the privilege of anticipatory bail by a Coordinate Bench
of this Court and regular bail by this Court, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Muzaffarpur in connection with Minapur P.S. Case
No. 289 of 2022, subject to the following conditions :-
Patna High Court CR. MISC. No.28384 of 2026(2) dt.23-04-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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