Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a robbery alleged to have been committed by five miscreants who snatched a mobile phone, ATM cards and cash, and was charged under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, no incriminating article was recovered from him, and he had been in custody since 11 July 2025. He also pointed to a similar bail order granted to co‑accused Nivas Kumar in a coordinate case. The State opposed the bail application. The Court, after considering the facts and the precedent, ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation and availability for trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- regular bail
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 310
- robbery
- attempt to murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69730 of 2025
Arising Out of PS. Case No.-297 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Abhishek Kumar Son of Binod Prasad @ Vinod Yadav R/o Mohalla-
Devkulighat, P.S.- Bihar(Biharsharif), District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranvijay Singh, Adv.
For the State : Mrs.Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Deepnagar P.S. Case No. 297 of 2025
registered for the offence punishable under Section 310(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that five miscreants on two motorcycles snatched his
mobile phone, ATM cards, and cash amounting to Rs. 10,000/-.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. No incriminating article was recovered from his
possession. The petitioner is under custody since 11.07.2025. He
Patna High Court CR. MISC. No.69730 of 2025(4) dt.05-02-2026
2/2
has also submitted that on exactly similar footing, co-accused
Nivas Kumar has been granted regular bail by a coordinate
Bench of this Court vide order dated 08.01.2026 in Cr. Misc.
No. 85614 of 2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Nalanda in connection with Deepnagar P.S.
Case No.297 of 2025, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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