Patna High Court
Awadh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is dismissed; the petitioner remains in custody.
Summary
Awadh Kumar was arrested in connection with a robbery and shooting case (Muffasil P.S. Case No. 15 of 2025) and charged under Sections 309(6), 109, 118(2) of the B.N.S. and Section 27 of the Arms Act. The co‑accused, Ritesh Kumar, gave a self‑incriminating statement that named the petitioner. The petitioner claimed innocence, argued that no material was recovered from his possession and that he had not been subjected to a TI parade. The State opposed bail, emphasizing the seriousness of the offences, the petitioner’s involvement in other similar cases, and the alleged loot. The High Court, recalling its earlier order of 30‑07‑2025, refused to grant bail, ordered the Superintendent of Police to explain the non‑conduct of a TI parade, and directed the Principal District & Sessions Judge to ensure the case is committed and charges framed.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the existence of a co‑accused’s incriminating statement.
- Whether the earlier bail denial can be revisited in light of the petitioner’s claim of innocence and procedural lapses such as the absence of a TI parade.
Legislation cited
Subjects
- bail
- criminal procedure
- arms act
- serious offence
- TI parade
- non‑bailable offence
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82764 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Awadh Kumar S/O Fekan Paswan R/O Village - Harijan Tola, Binda Diara,
P.S- Bariyarpur,Dist.- Munger
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Muffasil P.S. Case
No. 15 of 2025 registered for the offence under Sections 309(6),
109, 118(2) of the B.N.S. and Section 27 of the Arms Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 30.07.2025 passed in Criminal
Miscellaneous No.45308 of 2025. The aforesaid order dated
30.07.2025 reads as under:-
“Heard the learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Muffasil P.S. Case No. 15 of
2025 registered for the offence under Sections
309(6), 109, 118(2) of the B.N.S. and Section
Patna High Court CR. MISC. No.82764 of 2025(3) dt.11-02-2026
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27 of the Arms Act.
3. As per the prosecution case,
unknown criminals are said to have shot at the
informant and committed robbery. Co-
accused, namely, Ritesh Kumar, from whom
looted articles were recovered, has made a self
inculpatory statement and he has named the
other accused persons including the petitioner.
4. Learned counsel for the petitioner
submits that the petitioner is innocent and has
committed no offence. He submits that there is
no recovery from the conscious possession of
the petitioner and the petitioner has not been
put on T.I. Parade. The petitioner is in custody
since 28.01.2025.
5. Learned A.P.P. has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and
circumstances and the fact that the petitioner
is accused in three more cases of similar and
serious nature and he is involved in a loot, I
am not inclined to grant bail to the petitioner.
7. Accordingly, this application for
regular bail is hereby rejected.
8. The Superintendent of Police,
Munger will submit a report as to why the
petitioner and other accused persons were not
put to T.I. Parade. The report must be
submitted within two weeks of
receipt/production of a copy of this order.
9. Let a copy of this order be
communicated to the Superintendent of Police,
Patna High Court CR. MISC. No.82764 of 2025(3) dt.11-02-2026
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Munger, through FAX for its compliance
forthwith.
4. It has been submitted by learned counsel for
the petitioner that even the case has not been committed till
date.
5. Considering the gravity of offence, I am not
inclined to review my earlier order dated 30.07.2025.
Accordingly, this bail application is dismissed.
6. The Principal District & Sessions Judge,
Munger is directed to ensure the commitment of the case and
framing of charge at the earliest.
(Sandeep Kumar, J)
pawan/-
U T
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