Patna High Court
Priyansh @ Akash RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to monetary bond and specific conditions.
Summary
The Patna High Court entertained bail applications filed by three accused—Priyansh @ Akash Raj, Amit Kumar @ Guddu Sinha, and Abhijit Sinha @ Sonu—arising from FIR No. 86 of 2025 concerning a shooting incident. The prosecution alleged that the accused were involved in a conspiracy and had hired contract killers, relying on confessional statements of co‑accused Pintu and Sintu, while the defence contended that the petitioners were falsely implicated and not named in the FIR. The court examined the seriousness of the offences under Sections 126(2), 118(1), 109, 61(2), 3(5), 103 of the Bharatiya Nyay Sanhita, 2023 and Sections 27, 25(1‑b)A, 26, 35 of the Arms Act, as well as the petitioners' criminal antecedents. Considering the lack of direct evidence linking the petitioners to the firing, their varying antecedents, and the principle of liberty, the court ordered bail. Bail was granted on a bond of Rs. 10,000 with two sureties and subject to strict conditions regarding trial cooperation, non‑tampering with evidence or witnesses, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyay Sanhita and Arms Act offences pending trial.
- Whether confessional statements of co‑accused are sufficient to deny bail to the petitioners.
- Whether the petitioners' criminal antecedents justify refusal of bail.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 27, 35
- Bharatiya Nyay Sanhita, 2023 — s. 103, 109, 118(1), 126(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- Arms Act
- confessional statements
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3592 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Priyansh @ Akash Raj S/o- Bablu Singh Resident of Village- Sanhaulia PS-
Chitraguptanagar District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73212 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Amit Kumar @ Guddu Sinha S/O Late Awadhesh Prasad Sinha R/o Adarsh
Nagar, Sanhauli, P.S.- Chitragupta Nagar, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 73875 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Abhijit Sinha @ Sonu S/o Late Awadhesh Prasad Sinha R/o - Adarsh Nagar,
Sanhauli, P.S.- Chitrgupta Nagar, Distt.- Kagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3592 of 2026)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
(In CRIMINAL MISCELLANEOUS No. 73212 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. A.K. Sinha, Advocate
: Mr. Vikramaditya Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
For the Informant : Mr. Ramakant Sharma, Sr. Advocate
: Mr. Deepak Kumar, Advocate
Patna High Court CR. MISC. No.3592 of 2026(6) dt.23-03-2026
2/5
(In CRIMINAL MISCELLANEOUS No. 73875 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. A.K. Sinha, Advocate
: Mr. Vikramaditya Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 23-03-2026 Heard Mr. N.K. Agrawal, learned senior counsel for the
petitioner (In Cr. Misc. No. 3592 of 2026, Cr. Mic. No. 73212 of
2025, In Cr. Mic. No. 73875 of 2025), Mr. Ram Sumiran Rai,
learned APP for the State (In Cr. Misc. No. 3592 of 2026), Mr.
Satyendra Prasad, learned APP for the State(In Cr. Mic. No. 73212
of 2025), Mr. Vinod Shanker Modi, learned APP for the State (In
Cr. Mic. No. 73875 of 2025 and Mr. Ramakant Sharma, senior
counsel for the Informant (In Cr. Mic. No. 73212 of 2025, Cr. Mic.
No. 73875 of 2025).
2. Petitioners seeks bail in connection with Chitragupta
Nagar P.S. Case No. 86 of 2025, F.I.R. dated 13.08.2025 for the
offences punishable under Sections 126(2), 118(1), 109, 61(2),
3(5), 103 of the Bharatiya Nyay Sanhita, 2023 and Section 27,
25(1-b)A, 26, 35 of Arms Act
3. According to prosecution case, the informant received
information that his brother has received gunshot injury. When the
informant reached there, he found his brother lying down and
thereafter he was taken to Sadar Hospital, Khagaria for treatment.
Informant’s brother disclosed that three miscreants on pulsor
Patna High Court CR. MISC. No.3592 of 2026(6) dt.23-03-2026
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motorcycle came and fired upon him and after firing they fled
away towards Surya Mandir.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they falsely been implicated in the
present case. Petitioners are not named in the FIR and their name
transpired during investigation on the basis of confessional
statement of co-accused persons, namely, Pintu and Sintu and both
the co-accused have confessed their guilt and they have stated that
the petitioners were involved in conspiracy in the present crime in
question but they have not stated that the petitioners have fired
upon the victim. The police after investigation submitted charge-
sheet and the petitioner, namely, Priyansh @ Akash Raj is in
custody since 09.09.2025, petitioners, namely, Amit Kumar @
Guddu Sinha and Abhijit Singh @ Sonu are in custody since
14.08.2025
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that it has come during investigation that petitioners were
involved in conspiracy in the present crime in question and they
have hired contract killer for the occurrence. He further submits
that petitioner, namely, Amit Kumar @ Guddu Sinha carries three
Patna High Court CR. MISC. No.3592 of 2026(6) dt.23-03-2026
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criminal antecedents in which he is on bail, petitioner, namely,
Abhijit Singh @ Sonu carries two criminal antecedent in which he
is on bail in one case and petitioner, namely, Priyansh @ Akash
Raj has clean antecedent.
6. Considering the aforesaid facts and circumstances, let
the petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial Magistrate-
Ist Class, Khagaria in connection with Chitragupta Nagar P.S. Case
No. 86 of 2025, subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
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bond of the petitioners. 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)
Suruchi/-
U T
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