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Patna High Court

Akhilesh kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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