Patna High Court
Akhilesh kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, no overt act is attributable to the petitioner and therefore he is entitled to bail.
Summary
Akhilesh Kumar, who was not named in the FIR, was arrested in connection with a shooting that resulted in the death of an informant's brother. He sought bail for offences under the Bhartiya Nyaya Sanhita, 2023 and the Arms Act, alleging that the only link to him was a call detail record while the primary alleged perpetrators were co‑accused Md. Monajir and Md. Mojahir. The petitioner argued that no overt act could be attributed to him and that the investigation was already completed with a charge‑sheet filed. The Additional Public Prosecutor opposed bail. The court examined the prima facie evidence, noted the lack of direct involvement, and ordered the petitioner released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).
Issues considered
- Whether the petitioner’s alleged involvement based solely on call detail records constitutes sufficient prima facie evidence to deny bail.
- Whether the completion of investigation and filing of charge‑sheet affect the grant of bail.
- Whether the petitioner can be released on bail despite the serious nature of the offences under the B.N.S. and Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109 read with 3(5), 126(2), 352
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- prima facie
- call detail records
- Arms Act
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85195 of 2025
Arising Out of PS. Case No.-332 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Akhilesh Kumar, Son of Dinesh Yadav @ Dinesh Prasad Yadav, Resident of
Village - Gobargardha, Ward No. 2, P.S. and Dist- Saharsa, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Sessions Trial No.277 of 2025 arising out of Saharsa
Sadar P.S. Case No.332 of 2025 registered for the offences
punishable under Sections 126(2), 352, 109 read with 3(5)
of the Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’) and
Section 27 of the Arms Act but, later on, Section 25(1-B)a,
26, 35 of the Arms Act and Section 103(1) of the B.N.S. were
added in the FIR.
3. The accused/petitioner is not named in the FIR
and is in custody since 19.03.2025.
4. As per FIR, petitioner along with other named
Patna High Court CR. MISC. No.85195 of 2025(2) dt.06-02-2026
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and unknown co-accused persons shot dead the brother of the
informant on 15.03.2025 at about 4:40 PM.
5. Learned counsel appearing for the petitioner
submitted that from facial perusal of the FIR itself, it can be
gathered safely that prima facie no overt act appears
attributed to this petitioner. It is submitted that the name of
this petitioner transpired in this case merely on the basis of
call detail report (C.D.R.) of the mobile of this petitioner. It is
submitted that the thrust of allegation as to cause fatal
firearm injury is available against co-accused persons namely,
Md. Monajir and Md. Mojahir. While concluding argument, it is
submitted that investigation of this case is already completed,
for which, charge-sheet has been submitted and, as such,
there is no chance of tampering with the evidence and
moreover petitioner found involved in two more criminal
cases, where he is on bail.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as prima facie no overt act appears to be
Patna High Court CR. MISC. No.85195 of 2025(2) dt.06-02-2026
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attributed qua petitioner, rather thrust of allegation as to
cause fatal firearm injury is available against co-accused
namely, Md. Monajir and Md. Mojahir, coupled with the fact
that investigation of this case is already completed, where
petitioner remains in custody since 19.03.2025, accordingly,
the petitioner, above-named, is directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge-IV, Saharsa in
connection with Saharsa Sadar P.S. Case No.332 of 2025,
subject to the conditions as laid down under Section 437(3) of
the Code of Criminal Procedure (for short ‘CrPC’)/under
Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for
short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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