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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to surrender within eight weeks and a bond of Rs.10,000 with two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Abhishek Kumar, sought bail after being implicated in a case under Sections 126(2), 115(2), 109(1) and 352 of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly pointing a pistol at an informant's son while intoxicated. The FIR states the pistol was fired but did not hit anyone, and the petitioner claims he has a clean antecedent and was falsely implicated due to village politics. The State opposed the bail petition. The Court considered the lack of injury, the petitioner's clean record, and the circumstances of the alleged offence. It ordered that bail be granted provided the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the Bhartiya Nyaya Sanhita and Arms Act.
  • Whether the petitioner poses a flight risk or threat to public order warranting pre‑trial detention.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • false implication
  • pre‑trial detention
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7987 of 2026
                       Arising Out of PS. Case No.-252 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Abhishek Kumar S/O Dhurendra Ram @ Dhurendar Ram R/O Village-
                 Deoria (Dewariya), P.S- Rivilganj, Distt.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dewendra Narayan Singh
                 For the Opposite Party/s :        Mr. Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 109(1),

                   352 of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the

                   Arms Act.

                                3. As per F.I.R., this petitioner, in drunken state,

                   pointed pistol upon son of the informant and also fired, but it

                   did not hit him (informant’s son).

                                4. Learned counsel for the petitioner submits that both

                   parties are Gotiyas and due to village politics, petitioner has

                   been falsely implicated in this case. Though, it is alleged that

                   this petitioner fired, but no one sustained any fire-arm injury.

                   Petitioner claims clean antecedent.
           Patna High Court CR. MISC. No.7987 of 2026(2) dt.20-02-2026
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                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Judicial Magistrate 1st Class, Saran at Chapra in connection with

                     Rivilganj P.S. Case No. 252 of 2025, subject to condition as laid

                     down under Section 482 of the Bhartiya Nagrik Suraksha

                     Sanhita, 2023.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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