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Patna High Court

Akash Kumar @ GoluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               ======================================================
               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
                                            2/3




      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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