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Patna High Court

Aakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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