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Patna High Court

ABHISHEK KUMAR @ NINI @ CHHOTU KUMARversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Abhishek Kumar, sought bail in a case where he was charged under IPC Sections 363, 365, 302, 201 and 34 for allegedly assaulting and killing the deceased. The prosecution alleged that the petitioner, along with co‑accused Suraj Tiwari, lured the victim from his house and the victim’s body was recovered the next day. The petitioner argued that there was no eye‑witness, the victim had a criminal background and could have been killed due to other enmities, and that the charge‑sheet had already been filed. The State and the informant opposed bail, citing confessional statements of co‑accused, the fact that the trial had already begun and two witnesses had been examined, and a prior order denying bail to a similarly situated co‑accused. The Court, considering the ongoing trial and prior precedent, rejected the bail application and directed the trial court to expedite examination of the remaining witnesses using coercive processes.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under Sections 363, 365, 302, 201 and 34 of the IPC.
  • Whether the commencement of trial and examination of witnesses justifies denial of bail.
  • Whether the earlier denial of bail to a co‑accused influences the decision on the petitioner’s bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC sections 363 365 302 201 34
  • trial commencement
  • witness examination
  • coercive process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81363 of 2025
                         Arising Out of PS. Case No.-396 Year-2024 Thana- MANER District- Patna
                 ======================================================
                 ABHISHEK KUMAR @ NINI @ CHHOTU KUMAR Son of Late Durga
                 Rai @ Daroga Rai Resident of Village- Milkipar, P.S.- Shahpur at Present
                 Neora, District- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Kant Kumar, Advocate
                 For the State            :        Mr. Kalyan Shankar, APP
                 For the Informant        :        Mr. Virendra Kumar, Advocate
                                          :        Mr. Ashok Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   18-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 363 and 365 of the

                   Indian Penal Code, later on Section 302, 201 and 34 of the

                   I.P.C. was added.

                                   3. As per the prosecution case, the petitioner along

                   with other co-accused persons is accused of assaulting and

                   killed the deceased.

                                   4. The learned counsel for the petitioner submits

                   that the name of the petitioner has been taken along with one

                   Suraj Tiwari with the allegation that they had called the
Patna High Court CR. MISC. No.81363 of 2025(4) dt.18-02-2026
                                            2/3




          deceased from his house and taken him away for some party.

          However, the dead body of the deceased was recovered on the

          next day and the petitioner is not responsible for the death of

          the deceased as it is only a case of last seen and there is no eye-

          witness to the occurrence. It has also been submitted that the

          deceased was of a criminal background and as such, he had

          several enemies and his death could be result of enmity with

          other persons. The petitioner is in custody since 04.07.2025 and

          the charge-sheet has been submitted.

                         5. Learned APP for the State as well as learned

          counsel for the informant opposed the grant of bail on the

          ground that not only there are allegations made in the First

          Information Report but also materials have transpired during

          the course of investigation in the form of confessional

          statement of co-accused. Further, the trial has also commenced

          and two witnesses have already been examined and the prayer

          of bail of similarly situated co-accused, Suraj Tiwary has

          already been rejected by a Co-ordinate Bench of this Court

          vide order dated 02.07.2025 passed in Cr. Misc. No.83676 of

          2024.

                         6. Taking into consideration the facts and

          circumstance and also considering the fact that the trial has also
            Patna High Court CR. MISC. No.81363 of 2025(4) dt.18-02-2026
                                                        3/3




                      commenced and two witnesses have already been examined, as

                      such, this Court is not inclined to grant bail to the petitioner.

                      Accordingly, the prayer for bail of the petitioner is hereby

                      rejected in connection with Maner P.S. Case No.396 of 2024.

                                     7. However, since the informant had admitted in

                      the said order dated 02.07.2025 that rest of the three witnesses

                      would be examined on the dates fixed in the case but it seems

                      that they have still not been examined, as such, the learned

                      Trial Court is directed to take all coercive processes for getting

                      the prosecution witnesses examined and concluding the trial

                      expeditiously.



                                                (Soni Shrivastava, J)
anand/-
U       T


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