Patna High Court

Awanish Kumar Singh @ DevaversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Awanish Kumar Singh, filed an application for anticipatory bail fearing arrest in a case registered under Sections 103(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. He is not named in the FIR; his alleged involvement emerged from a confessional statement of co-accused Lokesh Kumar, who claimed Singh was a contract killer who received Rs. 50,000 to murder an informant's husband. The death was caused by a gunshot injury and the petitioner has two prior criminal antecedents. The court examined the material gathered during investigation, including the co-accused's statement and the petitioner’s criminal record. Considering the seriousness of the allegations and the antecedents, the court rejected the petitioner's anticipatory bail application. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite not being named in the FIR but implicated through a co-accused's confessional statement and having prior criminal antecedents.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 61(2)

Subjects

anticipatory bail
criminal antecedent
confessional statement
contract killing
Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77947 of 2025
                 Arising Out of PS. Case No.-2 Year-2025 Thana- GOVINDGANJ District- East Champaran
                 ======================================================
                 Awanish Kumar Singh @ Deva S/O Chandeshwar Singh Ressident of Vill.-
                 Bishahi, P.S- Paharpur, Distt. -East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prateek Tandon, Adv.
                 For the Opposite Party/s :      Mr.Umeshanand Pandit, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-01-2026                    Heard learned counsel for the petitioner and Mr.

                   Umeshanand Pandit, learned A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 103(1), 61(2),

                   3(5) of the B.N.S., 2023.

                                3. Petitioner is not named in the F.I.R. Name of the

                   petitioner transpired during investigation in the confessional

                   statement of co-accused Lokesh Kumar, who stated that this

                   petitioner is contract killer and had taken Rs. 50,000/- from him,

                   for killing husband of informant. Cause of death is gun-shot

                   injury. Petitioner has got two criminal antecedent.

                                4. Considering the material that has come during

                   course of investigation and criminal antecedent, the prayer for
           Patna High Court CR. MISC. No.77947 of 2025(4) dt.13-01-2026
                                                       2/2




                     anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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