Patna High Court
Akash Kumar @ GoluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner as no incriminating articles were recovered from him and he has a clean antecedent.
Summary
Akash Kumar was arrested on 10 February 2026 in connection with a murder‑plot case (PS‑Alamganj Case No. 136/2026) and charged under Sections 111 and 61(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner claimed he was falsely implicated, noting that no weapons or other incriminating articles were recovered from his possession, only a mobile phone, and that he has a clean antecedent. The prosecution opposed bail, but the court observed that the co‑accused’s confessional statement and seizure of arms pertained to others, and that a co‑accused had already been granted bail. Accordingly, the High Court ordered the petitioner’s release on bail with a Rs 10,000 bond and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was made without delay for verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyay Sanhita and Arms Act offences given the absence of incriminating material in his possession.
- Whether the allegations against the petitioner are false and fabricated, warranting bail.
- Whether the petitioner’s clean antecedent and the grant of bail to a co‑accused justify release on bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyay Sanhita, 2023 — s. 111, 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- murder plot
- false allegations
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38970 of 2026
Arising Out of PS. Case No.-136 Year-2026 Thana- ALAMGANJ District- Patna
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Akash Kumar @ Golu S/o - Sunil Yadav R/o mohalla - Ward no- 72, P.S -
didarganj, Dist -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Pramod Kumar, learned counsel for the
petitioner as well as Mr. Md. Fahimuddin, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.02.2026 in connection with Alamganj P.S. Case No. 136 of
2026, F.I.R. dated 10.02.2026 for the offences punishable under
Sections 111, 61(2) of the Bharatiya Nyay Sanhita, 2023 and 25(1-
B)(a), 26, 35 of the Arms Act.
3. Allegation against the petitioner is that he along with
other accused persons were planning to commit murder of Suraj
Bhainsiya and Sunil Bhainsiya due to ongoing land disputes and
prior enmity.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been implicated
in the present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.38970 of 2026(2) dt.23-06-2026
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false and fabricated. It appears from the FIR that on the basis of
confessional statement of co-accused Badal Kumar, arms were
recovered from the possession of co-accused, Jitendra Kumar and
from the house of Badal Kumar. It appears from the seizure list
that no incriminating articles have been recovered from the
possession of this petitioner only one mobile phone was recovered
from his possession, so no case is made out under Arms Act. He
next submits that co-accused person, namely, Jitendra Kumar has
been granted the privilege of bail by the co-ordinate Bench of this
Court vide order dated 20.05.2026 in Cr. Misc. No. 34342 of 2026.
He further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in custody
since 10.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and no incriminating articles have
been recovered from his possession and co-accused person has
been granted the privilege of bail by the co-ordinate Bench of this
Court let the petitioner, 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
Patna High Court CR. MISC. No.38970 of 2026(2) dt.23-06-2026
3/3
Additional Chief Judicial Magistrate-VI, Patna City in connection
with Alamganj P.S. Case No. 136 of 2026, subject to the following
conditions:-
i. 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.
ii. If the petitioner tampers 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 petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, 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)
Suruchi/-
U T
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