Patna High Court

Akshay Kumar @ Akshay RamversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Akshay Kumar, sought regular bail in a case registered under sections 120B, 302 and 34 of the Indian Penal Code for the alleged murder of his son Pankaj Kumar. The prosecution’s case was based largely on the informant’s suspicion that the petitioner was one of seventeen persons involved in the crime, with no direct evidence presented. The petitioner’s counsel argued that the allegation was vague, the petitioner had no criminal antecedent, and other co‑accused had already been granted bail in similar cases. The State opposed the bail, contending the seriousness of the offences. After considering the lack of concrete evidence, the petitioner’s clean record, and the precedent of bail to co‑accused, the court decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under sections 120B, 302 and 34 IPC.
Whether the informant’s suspicion alone suffices to deny bail.

Legislation cited

Indian Penal Code — s. 120B, 302, 34

Subjects

bail
criminal conspiracy
murder
common intention
suspicion
informant
judicial custody
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86701 of 2025
                    Arising Out of PS. Case No.-156 Year-2024 Thana- BHAGWANPUR District- Kaimur
                                                         (Bhabua)
                 ======================================================
                 Akshay Kumar @ Akshay Ram Son of Lallu Ram Resident of village -
                 Sonara, Police Station-Belaon, District- Kaimur at Bhabhua.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 120B, 302

                   and 34 of the Indian Penal Code.

                                3. The case of the prosecution is that the son of the

                   informant, namely, Pankaj Kumar and Aman Kumar went to

                   Belaon Bazar for purchasing vegetables and after that, Pankaj

                   Kumar handed over the vegetables to his younger brother Aman

                   and assured him to return after some time. Later on, he did not

                   return to his village. When the informant and other persons

                   started searching the boy and during the search, the informant

                   came to know that a dead body was lying at Maa Kali temple.
Patna High Court CR. MISC. No.86701 of 2025(2) dt.12-01-2026
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          When the informant went there along with his family members,

          he found the body of his son, namely, Pankaj Kumar. In the last

          part of the FIR, the informant has stated that he believes that

          seventeen persons are involved in the commission of the crime

          and petitioner is amongst them.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the nature of

          allegation is general and omnibus. It is only the suspicion of the

          informant on which, the petitioner has been named in this case.

          A statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. It has further been

          submitted that similarly situated other co-accused persons have

          already been granted bail by learned co-ordinate Bench of this

          Court vide order dated 28.07.2025 and 26.11.2025 passed in Cr.

          Misc. Nos. 33557 of 2025 and 63300 of 2025 respectively. The

          case of this petitioner stands on similar footing. Moreover, the

          petitioner is languishing in judicial custody since 30.08.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.86701 of 2025(2) dt.12-01-2026
                                                        3/3




                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Bhagwanpur (Belaon) P.S. Case No. 156 of 2024 on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned A.C.J.M., VIIth,

                      Kaimur at Bhabhua.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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