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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Abhishek Kumar, was arrested in connection with a case registered under section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act. During a vehicle check, a pistol was recovered from a co‑accused and a mobile phone from the petitioner; no other incriminating article was found on him. The petitioner claimed he was falsely implicated and had been in custody for five months since 15‑08‑2025, with a chargesheet already filed. The State opposed his bail, citing the recovery of the mobile phone and the seriousness of the offences. The High Court, after considering the petition and the State's opposition, granted regular bail on the condition of a Rs.10,000 bond with two sureties, to be satisfied before the Judicial Magistrate of Motihari.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner under the Bhartiya Nyaya Sanhita and Arms Act, given the recovery of a mobile phone and the pending charges?
  • Does the duration of pre‑trial detention and filing of the chargesheet affect the bail eligibility?

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • Arms Act
  • Bhartiya Nyaya Sanhita
  • false implication
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.662 of 2026
                   Arising Out of PS. Case No.-247 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Abhishek Kumar Son of Rajendra Prasad @ Rajendra Bhagat Resident of
                 Village- Rajepur, P.S.- Rajepur, District- East Champaran


                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                                                  Mr. Sharad Kumar Verma, Advocate
                                                  Mr. Sagar Kumar, Advocate
                                                  Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   15-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Rajepur P.S Case no.247

                   of 2025 registered under section 317(5) of the Bhartiya Nyaya

                   Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the Arms

                   Act.

                                 3. As per the prosecution case, in course of vehicle

                   checking, it is stated that on being signalled to stop, the three

                   accused persons made an attempt to escape on their motorcycle.

                   They were caught. On search, it is stated that while a loaded

                   country made pistol was recovered from the possession of the
Patna High Court CR. MISC. No.662 of 2026(2) dt.15-01-2026
                                            2/3




          co-accused, a mobile phone was recovered from the possession

          of the petitioner and one another. No documents with respect to

          the motorcycle was provided and on enquiry it was disclosed

          that the same was stolen.

                       4. From the contents of the petition it transpires that

          the case of the petitioner is that he has been falsely implicated in

          the case. No incriminating article has been recovered from his

          possession. Even as per the FIR, only a mobile phone was

          recovered from the petitioner’s possession. He is in custody

          since 15.8.2025 and chargesheet has been submitted in the case.

                       5. The application for bail is opposed by learned A.P.P

          for the State.

                       6. Having perused the contents of the petition and

          having heard learned A.P.P for the State, taking into

          consideration the allegation against the petitioner in the FIR,

          according to which a mobile phone was recovered from the

          petitioner’s possession together with the petitioner having

          remained in custody for 5 months since 15.8.2025 and

          chargesheet having been submitted in the case, the petitioner is

          directed to be enlarged on bail in connection with Rajepur P.S

          Case no.247 of 2025 on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.662 of 2026(2) dt.15-01-2026
                                                         3/3




                       each to the satisfaction of the learned Judicial Magistrate, 1 st

                       Class, Motihari at East Champaran.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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