Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5)
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
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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
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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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