Patna High Court
Akhilesh Kumar @ Anand Kumar @ AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Akhilesh Kumar, sought bail in a case registered under Sections 126(2), 115, 117, 109 and 3(5) of the BNS for allegedly assaulting the informant with the butt of a pistol. The prosecution alleged a grievous injury, while the petitioner argued lack of intent to kill and cited a counter‑version of events. The petitioner also highlighted that he has six prior criminal cases but is out on bail in each. The informant opposed the bail application. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his criminal antecedents
Legislation cited
- BNS — s. 109, 115, 117, 126(2), 3(5)
Subjects
- bail
- criminal procedure
- assault with dangerous weapon
- intent
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5859 of 2026
Arising Out of PS. Case No.-62 Year-2024 Thana- NAYAGAON District- Begusarai
======================================================
Akhilesh Kumar @ Anand Kumar @ Anand S/o Vipin Kumar @ Bipin
Kumar @ Bipin Singh @ Bipin Kumar Singh R/o Village - Gorgama
(Gurganwan) Ward No. 2, P.S - Nayagaon, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Informant : Mr. Ashok Kumar Jha, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection with
Nayagaon P.S. Case No. 62 of 2024 registered for the offence
punishable under Sections 126(2), 115, 117, 109, 3(5) of the BNS.
3. The case of the prosecution, in short, is that
petitioner has assaulted with the butt of the pistol on the head of
the informant.
4. Learned counsel appearing on behalf of the petitioner
has submitted that though the nature of injury is grievous but from
the conduct of the petitioner it is clear that he was not having
intention to kill the informant as he was having pistol, he could
have fired. Learned counsel for the petitioner has further
submitted that there is also counter version of this case and
Patna High Court CR. MISC. No.5859 of 2026(2) dt.06-02-2026
2/2
petitioner is having criminal antecedent of six cases and in those
cases he is on bail.
5. The application for bail is opposed by learned
counsel for the Informant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Begusarai in connection with Nayagaon P.S.
Case No. 62 of 2024.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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