Patna High Court

Abhishek Kumar @ Vishal KumarversusThe State of Bihar

Decided: 30 March 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The bail application was denied.

Summary

The petitioner, Abhishek Kumar (alias Vishal Kumar), was arrested on 4 August 2025 in connection with FIR dated 26 July 2025 alleging offences under Sections 310(4), 310(5), 312, 109(1) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleges that on 25 July 2025 the petitioner, with six others, entered the informant’s premises, assaulted him and fired with intent to kill. The petitioner contended that he was falsely implicated, that the CCTV footage was fabricated, and that he had not committed any crime. The State opposed bail, relying on the CCTV identification, a TIP linking the petitioner to the crime, and a prior criminal antecedent. The Court, after considering the seriousness of the offences and the evidence, refused the bail application, concluding that the petitioner should remain in custody.

Issues considered

Whether bail should be granted to the petitioner charged with offences under the Bharatiya Nyay Sanhita and the Arms Act, considering the nature of the alleged crime, evidentiary material such as CCTV footage, and the petitioner’s prior criminal antecedent.

Legislation cited

Arms Act — s. 27
Bharatiya Nyay Sanhita, 2023 — s. 109(1), 310(4), 310(5), 312

Subjects

bail
criminal procedure
serious offences
Arms Act
Bharatiya Nyay Sanhita
prior criminal antecedent
CCTV evidence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.85136 of 2025
                       Arising Out of PS. Case No.-436 Year-2025 Thana- HISUWA District- Nawada
               ======================================================
               Abhishek Kumar @ Vishal Kumar S/O Nityanand Singh R/O Village-
               Navgardhal, P.S- Makdmpur, District- Jahanabad.        ... ... Petitioner/s
                                                Versus
               The State of Bihar                              ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :         Mr. Amresh Kumar Sinha, Advocate
               For the Opposite Party/s :         Ms. Madhuri Lata, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

4 30-03-2026                   Heard Mr. Amresh Kumar Sinha, learned counsel for

               the petitioner and Ms. Madhuri Lata, learned A.P.P. for the State.

                               2. The petitioner seeks bail, who is in custody since

               04.08.2025 in connection with Hisua P.S. Case No. 436 of 2025,

               FIR dated 26.07.2025 registered for the offence under Section

               310(4), 310(5), 312, 109(1) of the Bharatiya Nyay Sanhita, 2023

               and Section 27 of Arms Act.

                               3. Accordingly to the prosecution case, it is alleged

               that on 25.07.2025 at about 9 P.M when the informant was at his

               home office then the petitioner along with six others persons came

               on two motorcycles and demanded electric switch and when the

               informant got suspicious, the accused persons entered inside the

               gate and started assaulting him and fired at him with intention to

               kill.

                               4. Learned counsel appearing for the petitioner
            Patna High Court CR. MISC. No.85136 of 2025(4) dt.30-03-2026
                                                        2/2




                  submits that the petitioner is innocent and he has falsely been

                  implicated in this case. He further submits that the allegation as

                  alleged in the F.I.R. is false and fabricated and the petitioner has

                  not committed any offences as alleged in the F.I.R. The petitioner

                  has been made accused merely on the basis of CCTV footage and

                  thereafter he confessed his guilt and the petitioner is rotting in

                  judicial custody since 04.08.2025.

                                   5. Learned A.P.P. for the State has vehemently

                  opposed the prayer for bail of the petitioner and name of the

                  petitioner transpired in the present case on the basis of CCTV

                  footage and thereafter the petitioner was identified in the TIP

                  which suggest that petitioner was involved in the present crime in

                  question and apart from that petitioner carries one criminal

                  antecedent other than the present one in which he is bail.

                                   6. Considering the facts and circumstances of the

                  case, I am not inclined to enlarge the petitioner on bail in

                  connection with A.C.J.M., V, Nawada pending in the Court of

                  Hisua P.S. Case No. 436 of 2025.

                               7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T

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