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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner on furnishing a Rs 10,000 bond with two sureties and subject to the stipulated conditions.

Summary

Avinash Kumar was arrested on 31‑01‑2025 in connection with a murder case (Koilwar P.S. Case No. 29 of 2025) alleged under Sections 103(1), 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution claims he participated in a conspiracy that led to the killing of the informant’s son, while the petitioner contends he was falsely implicated merely because he is the brother of co‑accused Nagendra Ray and that the FIR was filed after the post‑mortem. He points out inconsistencies in the FIR timing and notes that other co‑accused have already been granted bail. The State opposes bail, citing a direct allegation of firing and a prior criminal antecedent. Considering the post‑mortem timing, the bail granted to co‑accused, and the petitioner’s conduct, the Court ordered his release on bail with a Rs 10,000 bond and specific conditions regarding trial attendance, evidence tampering, and disclosure of criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the charges and alleged involvement in the murder.
  • Whether the inconsistencies in the FIR and the fact that co‑accused have been granted bail justify granting bail to the petitioner.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • Arms Act
  • false FIR
  • criminal antecedent
  • postmortem
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45152 of 2025
                       Arising Out of PS. Case No.-29 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Avinash Kumar S/o Kameshwar Rai R/o Village- Ward No. 4, Koilwar, P.S.-
                 Koilwar, Dist.- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

9   16-03-2026                  Heard Mr. Ravindra Kumar, learned counsel for the

                   petitioner and Ms. Renu Kumari, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   31.01.2025 in connection with Koilwar P.S. Case No. 29 of

                   2025, F.I.R. dated 30.01.2025, for the offences punishable under

                   Sections 103(1), 61(2) of the B.N.S., 2023 and u/s 27 of the

                   Arms Act.

                                3. According to prosecution case, petitioner and other

                   co-accused persons in a conspiracy committed murder of son of

                   the informant by firing shots.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that the allegation as alleged is
Patna High Court CR. MISC. No.45152 of 2025(9) dt.16-03-2026
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          false and fabricated and the petitioner has not committed any

          offence as alleged in the FIR and petitioner has been made

          accused in the present case merely on the ground that he is the

          brother of the co-accused, namely, Nagendra Ray. From bare

          perusal of F.I.R., it appears that the informant is not an eye-

          witness of the present occurrence and he has filed the present

          FIR merely on the basis of suspicion. Learned counsel further

          submits that the date of occurrence as alleged in the FIR is

          30.01.2025 at 01:45 P.M. and the present FIR instituted on

          30.01.2025 at about 7:20 PM. But from bare perusal of

          postmortem report which suggests that postmortem was

          commenced at 3:15 PM. on the same day before lodging of the

          FIR. Learned counsel further submits that after knowing cause

          of death of the deceased, informant has filed the present FIR

          against the petitioner and other family members. He further

          submits that similarly situated co-accused person, namely,

          Nagendra Ray has been granted regular bail by a coordinate

          Bench of this Hon’ble Court vide order dated 06.08.2025 passed

          in Cr. Misc. No. 23672 of 2025, another co-accused person,

          namely, Sujit Kumar, has been granted regular bail by a

          coordinate Bench of this Hon’ble Court vide order dated

          15.10.2025 passed in Cr. Misc. No. 60218 of 2025 and the
Patna High Court CR. MISC. No.45152 of 2025(9) dt.16-03-2026
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          petitioner has been granted provisional bail by a coordinate

          Bench of this Court vide order dated 25.08.2025 and the

          petitioner has never misused the same and had surrendered

          within time. The petitioner is in custody since 31.01.2025.

                       5. Learned APP for the State have vehemently

          opposed the prayer for bail of the petitioner and submits that

          there is direct and specific allegation of firing attributed against

          the petitioner and apart from aforesaid, petitioner carries one

          criminal antecedent other than the present one.

                       6. Considering the aforesaid facts and circumstances

          and also the fact that the postmortem was conducted before

          lodging of the FIR and the co-accused persons, namely,

          Nagendra Ray and Sujit Kumar have been granted regular bail

          by different coordinate Benches 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 Chief Judicial

          Magistrate, Bhojpur, Ara in connection with Koilwar P.S. Case

          No. 29 of 2025, 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
            Patna High Court CR. MISC. No.45152 of 2025(9) dt.16-03-2026
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                      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

                      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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