Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Negotiable Substances Act — s. 103(1), 308(5), 3(5)
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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