Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 352
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
2/2
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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