Patna High Court
Abhay Kumar @ BittuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to a bond of Rs. 15,000 and two sureties.
Summary
The petitioner, Abhay Kumar, was arrested in connection with offences under Sections 310(3) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a police raid recovered two live cartridges from his possession. The petitioner claimed he was falsely implicated, that no incriminating material was found on him, and that his arrest was based merely on suspicion, also alleging non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the charges. The Court considered the period of custody, the lack of direct evidence, and the fact that a co‑accused had already been granted bail, and decided to grant bail to the petitioner. Bail was set at Rs. 15,000 with two sureties of the same amount.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act?
- Whether the arrest and continuation of custody complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 310(3), 310(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- serious offences
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81082 of 2025
Arising Out of PS. Case No.-360 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Abhay Kumar @ Bittu S/O Kripa Shankar Yadav Resident of Vill.- Naya
Tola, Harpur, P.S- Pipra Kothi, P.O- Pipra Kothi, Distt.- East champaran Bihar
845429
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Sugauli
P.S. Case No. 360 of 2025, instituted for the offences punishable
under Sections 310(3), 310(5) of the Bharatiya Nyaya Sanhita,
2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that police
received information that the petitioner along with others was
planning to commit an offence. Acting on the said information,
the police raided the said place and it is alleged that three
persons were apprehended from the spot including the
petitioner. From possession of the petitioner, two live cartridges
Patna High Court CR. MISC. No.81082 of 2025(3) dt.09-02-2026
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have been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner was arrested only on the basis
of suspicion. The petitioner has got no concern with the alleged
recovery of arms. The petitioner is in custody since 05.07.2025
and has got one criminal antecedent in which he is on bail.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023. Learned counsel for the petitioner
further submits that other co-accused has been granted regular
bail by this Court vide order dated 24.09.2025 passed in Cr.
Misc. No. 66738 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.81082 of 2025(3) dt.09-02-2026
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bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sugauli P.S. Case
No. 360 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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