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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on the condition of a Rs 10,000 bond with two sureties.

Summary

Abhishek Kumar was arrested in connection with a murder case (Ratwara P.S. Case No.52 of 2025) where the prosecution alleged that he and a co‑accused, Shubham, entered a shop, Shubham fired at Raja Kumar and demanded a ransom of one lakh rupees, resulting in Raja Kumar's death. The petitioner’s counsel argued that the FIR primarily implicates Shubham, that the petitioner was merely present and armed, and that there is no allegation of any overt act by him; he has been in custody since 11‑11‑2025. The State opposed bail. After hearing both sides, the Court considered the lack of direct involvement and the circumstances of the case and decided to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner, Abhishek Kumar, is entitled to bail despite being charged under Sections 103(1), 308(5), 3(5) of the BNS Act and Section 27 of the Arms Act.
  • Whether the alleged presence and possession of a weapon, without an overt act, justifies denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • murder
  • ransom
  • co‑accused
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31510 of 2026
                     Arising Out of PS. Case No.-52 Year-2025 Thana- RATWARA District- Madhepura
                 ======================================================
                 Abhishek Kumar son of Mahesh Bhagat @ Mahesh Kumar Bhagat Resident
                 of Village- sonamukhi Bajar, Ps- Kishanpur Ratwara, Dist- Madhepua

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uday Chand Prasad, Advocate
                                                 Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :      Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Ratwara P.S. Case No.52 of 2025 registered for the offence

                   punishable under Sections 103(1), 308(5) & 3(5) of the BNS

                   and under Section 27 of the Arms Act.

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

                   petitioner along with one Shubham has gone to the shop of the

                   informant and Shubham has fired repeatedly at Raja Kumar. He

                   has also demanded rangdaari of rupees One lakh. Raja Kumar

                   succumbed to the injuries.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from perusal of the FIR it is clear
            Patna High Court CR. MISC. No.31510 of 2026(2) dt.12-05-2026
                                                        2/2




                      that main thrust of allegation is against the co-accused

                      Shubham. Learned counsel for the petitioner has submitted that

                      allegation against the petitioner is that he was present there and

                      was being armed with weapon. Learned counsel has further

                      submitted that there is no allegation of any overt act against the

                      petitioner. Learned counsel for the petitioner has further

                      submitted that the petitioner is in custody since 11.11.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 court of learned

                      C.J.M./concerned court, Madhepura in connection with Ratwara

                      P.S. Case No.52 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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