Created by Fuzzy Cloud

Patna High Court

Awadh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                             2/3




                          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
                                                          3/3




                                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.