Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner as the FIR did not specifically allege any assault by him and co‑accused had been released on bail.
Summary
Aakash Kumar was arrested on 24 September 2025 in connection with a murder case (IPC 302 read with 34) arising from FIR dated 13 June 2021. He applied for bail, contending that the FIR contains only a generic allegation against all accused and does not specifically charge him with any assault or overt act. The prosecution opposed bail, noting that the petitioner has two other pending cases. The court observed that the FIR lacks a specific allegation against the petitioner and that similarly situated co‑accused had already been granted bail. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions regarding attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted in a murder case when the FIR does not specifically allege an overt act by the petitioner
- Whether the grant of bail to co‑accused persons influences the bail decision for the petitioner
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Section 34
- FIR
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4102 of 2026
Arising Out of PS. Case No.-47 Year-2021 Thana- BHADAUR District- Patna
======================================================
Aakash Kumar S/o Shankar Ram R/o Village - Katni Kola Girihinda, P.S.-
Sheikhpura, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-01-2026 Heard Mr. Prem Kumar, learned counsel for the
petitioner and Mr. Ajay Kumar Jha, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
24.09.2025 in connection with Bhadaur P.S. Case No. 47 of
2021, F.I.R. dated 13.06.2021 for the offences punishable under
Sections 302 read with section 34 of the Indian Penal Code.
3. According to prosecution case, informant’s father is
alleged to have been assaulted by the petitioner and others as a
result of which informant’s father died.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.4102 of 2026(3) dt.30-01-2026
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present case. Learned counsel further submits that although the
petitioner is named in the FIR but from perusal of the FIR it
appears that there is no specific allegation of any assault or
overt act attributed against the petitioner rather there is general
and omnibus allegation against all the accused persons including
the petitioner and the similarly situated co-accused person,
namely, Mithun Kumar, has been granted bail by this Court vide
order dated 16.05.2022 passed in Cr. Misc. No. 61911 of 2021,
another co-accused person, namely, Mantu Mahto has been
granted bail by this Court vide order dated 18.05.2022 passed in
Cr. Misc. No. 70142 of 2021 and another co-accused person,
namely, Kebee Kumar has been granted bail by a Coordinate
Bench of this Hon’ble Court vide order dated 19.10.2022 passed
in Cr. Misc. No. 71448 of 2021. He further submits that the
police after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 24.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner carries two more cases other than the present one but
fairly submits on the basis of paragraph 3 of the bail petition
that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
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of the case and also the fact that there is no specific allegation of
any assault or overt act attributed against the petitioner in the
FIR and the similarly situated co-accused persons have been
granted bail by this Court or by a Coordinate Bench of this
Hon’ble 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 S.D.J.M., Barh, District- Patna in connection with
Bhadaur P.S. Case No. 47 of 2021, with 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 her absence on two consecutive dates without sufficient
reason, his/her 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
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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)
Ranjeet/-
U T
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