Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petitioner is entitled to bail on surrender or arrest, subject to conditions, under Section 438 CrPC and Section 482 BNS.
Summary
The petitioner, Aakash Kumar, sought bail fearing arrest in a case (Chiksaura PS Case No. 113 of 2025) involving alleged assault with a pistol and offences under the Bhartiya Nyay Sanhita, 2023 and the Arms Act. He contended that he has a clean antecedent, was not named in the FIR, and his alleged involvement arose only from witness restatements, while a co‑accused had already been granted anticipatory bail. The Additional Public Prosecutor opposed the bail. The Court noted the petitioner’s clean record, the absence of a direct allegation in the FIR, and the precedent of bail to the co‑accused, and consequently ordered bail on surrender or arrest, subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order includes conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The petition for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to bail under Section 438 CrPC despite not being named in the FIR.
- Whether the petitioner’s clean antecedent and the grant of anticipatory bail to a co‑accused justify bail.
- Whether conditions under Section 482 BNS are applicable to the bail order.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- bail
- Section 438 CrPC
- Section 482 BNS
- clean antecedent
- assault
- firearms
- Bhartiya Nyay Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86868 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- CHIKSAUR District- Nalanda
======================================================
Aakash Kumar S/O Sujit Kumar R/O Vill- Chakmahadipur, P.S - Chiksaura,
Dist - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Birendra Kumar, learned counsel for the
petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Chiksaura P.S. Case No. 113 of 2025, F.I.R.
dated 04.07.2025 for the offences punishable under Sections
126(2), 115(2), 118(1), 109(1), 352, 3(5) of the Bhartiya Nyay
Sanhita, 2023 and under Section 27 of the Arms Act.
3. As per the First Information Report, the informant
alleged that when he was standing near his gate then the
petitioner along with other co-accused persons came and started
abusing him. When he objected then the accused persons dragged
him outside his house and assaulted him by means of pistol.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86868 of 2025(2) dt.08-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR itself that
the petitioner is not named in the FIR and his name transpired on
the basis of re-statement of the witnesses. From bare perusal of
the FIR it appears that there is no specific allegation against the
petitioner and the co-accused person, namely, Anish Kumar @
Anish Yadav, who is named in the FIR has been granted the
privilege of anticipatory bail by the co-ordinate Bench of this
Court vide order dated 25.09.2025 in Cr. Misc. No. 65527 of
2025
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
the petitioner has clean antecedent and he is not named in the
FIR and similarly situated co-accused person has been granted
the privilege of anticipatory bail by the co-ordinate Bench of this
Court, let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
J.M-1st class, Hilsa, Nalanda in connection with Chiksaura P.S.
Case No. 113 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.86868 of 2025(2) dt.08-01-2026
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under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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