Patna High Court
Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Ayush Kumar, was arrested in connection with a robbery during which a co‑accused fired a shot that injured an informant’s leg. The looted scooter was recovered from another accused who, in his statement, also implicated the petitioner. The petitioner has been in custody since 8 April 2026 and has one prior criminal antecedent. The prosecution alleged his involvement under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The High Court examined the prima facie material and, considering the seriousness of the offences, declined to grant regular bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to the bail matter and not the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite prima facie evidence of involvement in robbery and arms offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 126(2), 309(4), 311, 3(5)
Subjects
- regular bail
- robbery
- arms act
- Bharatiya Nyaya Sanhita
- criminal antecedent
- prima facie evidence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42445 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- KARTAHA District- Vaishali
======================================================
Ayush Kumar S/O Dilip Ray R/O Vill.- Majirbad, P.S.- Guraul, District-
Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kartaha P.S. Case No. 48 of 2026 registered for the offence
under Sections 309(4), 311, 109, 115, 126(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, while committing
robbery, one of the accused fired a shot which hit the leg of the
informant. During investigation, the name of the petitioner has
surfaced. The looted scooty was recovered from the possession
of one Manoj Kumar, who, in his self-inculpatory statement, has
also named the petitioner.
4. The petitioner is in custody since 08.04.2026 and
Patna High Court CR. MISC. No.42445 of 2026(2) dt.29-06-2026
2/2
has one criminal antecedent. The allegations against the
petitioner are serious and grave in nature. There exists prima
facie material against the petitioner indicating his involvement
in the commission of the offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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