Patna High Court
Aayush Kumar @ Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied bail to the petitioners.
Summary
The petitioners, Shera Deepak Kumar and Aayush Kumar, were arrested in connection with a case alleging that they abducted and shot the son of an informant, whose body was later found in a field. They sought regular bail under the Bharatiya Nyaya Sanhita, 2023 (sections 103(1), 238(a), 3(5)) and the Arms Act, 1959 (section 27), claiming false implication, lack of eyewitness testimony, and no prior criminal record. The State opposed bail, relying on a confessional statement by co‑accused Hariom that named the petitioners and a post‑mortem report showing two gunshot injuries. After hearing both sides, the Court found the material evidence sufficient to justify continued detention and refused to grant bail. The Court allowed the petitioners to renew their bail application after completing one year in custody or after the charge is framed, whichever occurs later.
Issues considered
- Whether regular bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959 in view of the confessional statement of a co‑accused and post‑mortem findings.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238(a), 3(5)
Subjects
- bail
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- confessional statement
- post-mortem report
- false implication
- murder
- kidnapping
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69233 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- MATIHANI District- Begusarai
======================================================
Shera @ Deepak Kumar Son of Lalan Singh Resident of Village - Jagatpura,
Police Station - Matihani, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 62279 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- MATIHANI District- Begusarai
======================================================
Aayush Kumar @ Ayush Kumar Son of Sanjay Singh Resident of Village -
Jagatpura, Police Station - Matihani, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 69233 of 2025)
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
(In CRIMINAL MISCELLANEOUS No. 62279 of 2025)
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 17-01-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Matihani P.S. Case no.
117 of 2025 registered under sections 103(1), 238(a) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms
Act, 1959.
Patna High Court CR. MISC. No.69233 of 2025(5) dt.17-01-2026
2/3
3. As per the prosecution case, the informant states
that his son was called in the night at about 11 pm - 12 midnight
by the six named accused persons including the two petitioners
herein. It is stated that all of them took away his son and
thereafter raised halla that he had been shot. His body was
disposed off in the agricultural field and the petitioners escaped.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. Even from the
FIR, it would transpire that the informant is not an eyewitness to the
occurrence. The petitioners were not even amongst the accused
persons who had allegedly called the son of the informant. The
petitioners have no criminal antecedent and are in custody since
12.8.2025 and 23.6.2025 respectively. The petitioners undertake to
cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State who submits that in course of investigation, the
confessional statement of co-accused Hariom was recorded
wherein he has named both the petitioners herein, however, so
far as the allegation of firing is concerned, it is against co-
accused Pinkesh. Learned APP further submits that in the post-
mortem report, there are two gunshot injuries.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.69233 of 2025(5) dt.17-01-2026
3/3
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the contents of the
post-mortem report and the confessions recorded in course of
investigation, the Court is not inclined to enlarge the petitioners on
bail for the present.
7. Both the applications are rejected.
8. Liberty is granted to the petitioners to renew their
prayer for bail on completing one year in custody or after
framing of charge, whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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