Patna High Court

Akash KumarversusThe State of Bihar

Decided: 16 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Akash Kumar, was arrested in connection with a murder alleged to have occurred after he and other accused allegedly abducted the husband of an informant on 16 October 2022. The informant later discovered the body of her husband in a field and suspected the accused of murder. The petitioner contended that he was innocent, had no criminal antecedents, and that the only evidence was the informant’s suspicion and the fact that he was the last person seen with the deceased. The State opposed bail, while the court noted the general and omnibus nature of the accusations, the petitioner’s clean record, the period of custody, and the fact that co‑accused had already been granted bail. Accordingly, the court granted bail to the petitioner on a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to an accused charged under Sections 120B, 302 and 34 of the Indian Penal Code in a murder case.
Whether the petitioner’s clean antecedents, parity with co‑accused who were granted bail, and the nature of the evidence justify bail.

Legislation cited

Indian Penal Code — s. 120B, 302, 34

Subjects

bail
criminal conspiracy
murder
Indian Penal Code
presumption of innocence
parity
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6080 of 2026
                      Arising Out of PS. Case No.-333 Year-2023 Thana- BASANTPUR District- Siwan
                 ======================================================
                 Akash Kumar S/O Valindra Ravat R/O Vill.- Khawaspur Tola Nandpur, P.S.-
                 Lakrinabiganj, Dist.- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Priyanshu Kumar Singh, Advocate
                 For the State           :        Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 120B, 302 and 34 of the

                   Indian Penal Code.

                                3. As per prosecution case, on 16.10.2022 at about

                   1:00 PM, all the F.I.R. named accused persons, including this

                   petitioner, took away husband of the informant along with them

                   to buy Pokhra (Pond) but he did not return. When the informant

                   enquired about the whereabouts of her husband from the

                   accused persons, they told her that her husband had gone to

                   village and would return in the morning. On the following day,

                   informant received information that dead body of her husband is
Patna High Court CR. MISC. No.6080 of 2026(2) dt.16-02-2026
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          lying in the fields. Informant suspects that the accused persons

          committed murder of her husband and threw his dead body.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          Informant is not an eye witness of the occurrence and only

          suspicion has been raised against this petitioner. At best, it is a

          case of last seen with the deceased. Similarly situated co-

          accused persons have already been granted bail by this Hon’ble

          Court vide order dated 26.03.2025 passed in Cr. Misc. No.

          83428 of 2024, order dated 19.09.2025 passed in Cr. Misc. No.

          50930 of 2025 and order dated 03.12.2025 passed in Cr. Misc.

          No. 60755 of 2025. Moreover, charge-sheet has already been

          submitted and petitioner, having no criminal antecedents, is in

          custody since 22.04.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity, period of custody and clean antecedent of the petitioner,

          the prayer for grant of bail to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
             Patna High Court CR. MISC. No.6080 of 2026(2) dt.16-02-2026
                                                         3/3




                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned C.J.M./J.M.F.C., Siwan in connection

                       with Basantpur P.S. Case No. 333 of 2023.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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