Patna High Court
Abhinandan Kumar @ Abhinandan Garayn @ BauaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted as the petitioner had clean antecedents and the prosecution failed to produce sufficient evidence linking him to the alleged offences.
Summary
The petitioner, Abhinandan Kumar, sought anticipatory bail after the police registered a case alleging his involvement in assault and offences under several sections of the B.N.S. and Section 27 of the Arms Act during a Holi festival incident. The prosecution alleged that co‑accused opened fire on an informant and that the petitioner dragged the informant’s brother, Saket Kumar, and assaulted him with an iron rod. The petitioner contended he had no involvement, highlighted the absence of any injury report, and pointed out that the firing was attributed to the co‑accused. The State opposed the bail, but the court noted the petitioner’s clean antecedents and the lack of substantive evidence linking him to the alleged offences. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties if arrested within eight weeks, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations under the B.N.S. and Arms Act.
- Whether the absence of an injury report and clean antecedents justify bail despite the serious nature of the alleged offences.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- clean antecedents
- lack of evidence
- Arms Act
- assault
- Holi incident
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62077 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
======================================================
Abhinandan Kumar @ Abhinandan Garayn @ Baua Son of Ashok Garayn
Resident of village - Sherpur, P.S.- Vidyapatinagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Mahendra Pratap, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109(1), 352, 351(3) and 3(5) of the B.N.S. and Section
27 of the Arms Act.
3. As per prosecution story, during Holi festival, when
the informant’s side were playing near the temple, in the
meantime, co-accused Suman Chaudhary and Raman
Chaudhary opened fire causing fire arm injury to the informant.
It is further alleged that this petitioner, on the strength of pistol,
dragged informant’s brother, namely Saket Kumar, to the main
road and assaulted on his head by mean of iron rod.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.62077 of 2025(4) dt.08-01-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Though as per prosecution case, this
petitioner is alleged to have assaulted brother of informant,
namely Saket Kumar, however, there is no injury report on
record to substantiate the allegations levelled against him. From
bare perusal of the F.I.R. it is apparent that specific accusation
of firing is attributed to other co-accused persons. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, materials on record and clean antecedents of the petitioner,
the prayer for grant of anticipatory bail to the petitioner is
allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-II, Dalsingsarai,
Samastipur in connection with Vidyapatinagar P.S. Case No. 34
of 2025, subject to condition as laid down under Section 482(2)
Patna High Court CR. MISC. No.62077 of 2025(4) dt.08-01-2026
3/3
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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