Patna High Court
Abhishek Kumar @ DholanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Abhishek Kumar, applied for regular bail in a murder case (PS Case No. 159 of 2025) under Sections 103(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution’s informant, Mohan Kumar, alleged that the petitioner and others killed his brother, but he was not an eye‑witness and did not disclose how he obtained the information. No witness during investigation claimed to have seen the petitioner commit the offence, and the petitioner has a clean antecedent, having been in custody since 09‑09‑2025. The State opposed bail, but the court considered the nature of the accusation, the lack of direct evidence, the petitioner’s clean record, and the length of custody. Consequently, the court granted regular bail on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Additional District Judge‑III, Barh.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the murder accusation
- Whether the lack of eye‑witness testimony and the informant’s undisclosed source justify bail
- Whether the petitioner’s clean antecedent and period of custody warrant release on bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(2), 3(5)
Subjects
- regular bail
- murder
- Bharatiya Nyaya Sanhita
- clean antecedent
- eye‑witness
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7972 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
======================================================
Abhishek Kumar @ Dholan S/o Ajay Prasad R/o village - Korari, P.S -
Belchhi, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Belchhi P. S. Case No. 159 of 2025 registered for the offences
punishable under Sections 103(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. Prosecution case, in brief, as per written report of
informant Mohan Kumar is that, on 08/9/2025 at 06:00 AM, he
found that his brother, Vipin Kumar, had been murdered in his
new house. He suspects that Suraj Patel, Rocky Prasad, Shravan
Kumar, Abhishek Kumar (petitioner), Rajesh Kumar, Raju
Rania and others have killed his brother with a sharp knife, due
to previous enmity.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.7972 of 2026(2) dt.16-02-2026
2/2
informant is not eye-witness to the occurrence and has not
disclosed the source of information as to how he came to know
that petitioner and other co-accused have killed his brother.
During investigation, none of the witnesses have claimed to
have seen this petitioner committing the alleged offence.
Petitioner claims clean antecedent and is in custody since
09.09.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional District Judge-III, Barh in connection
with Belchhi P. S. Case No. 159 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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