Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 61(2)
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
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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
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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
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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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