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Patna High Court

Abhisekh Kumar @ Pranave Kumar @ Pranav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, on the basis of delay in FIR, absence of injuries, and clean antecedents.

Summary

The petitioner, Abhisekh Kumar, was implicated in a FIR alleging his participation in firing upon an informant, invoking Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. He contended that he was innocent, the FIR was lodged after an undue delay of 11 days, no one sustained firearm injuries, and he possessed a clean antecedent. The State and the informant opposed his request for anticipatory bail. Considering the delay, absence of injuries, and the petitioner’s clean record, the High Court allowed the prayer for anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and limiting the period to eight weeks, subject to Section 482(2) of the CrPC. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged attempt to murder and unlawful use of arms
  • Whether the 11‑day delay in lodging the FIR and the lack of any firearm injury justify granting bail
  • Whether the petitioner’s clean antecedents affect the decision on anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • IPC 307
  • IPC 34
  • Arms Act 27
  • delay in FIR
  • clean antecedents
  • bail conditions
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8700 of 2026

                      Arising Out of PS. Case No.-93 Year-2022 Thana- ROSERA District- Samastipur
                 ======================================================
                 Abhisekh Kumar @ Pranave Kumar @ Pranav Kumar S/O Ram Binod Singh
                 @ Binod Kumar Singh R/O Village-Mahthi, P.S.-Bibhutipur, District-Saran

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sanjay Kumar Singh, Advocate
                 For the State           :        Mr. Anil Kumar Singh No. 1, APP
                 For the Informant       :        Mr. Pramod Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 307 and 34

                   of the Indian Penal Code and Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including this petitioner, fired

                   upon informant but luckily, he saved himself.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.8700 of 2026(2) dt.23-02-2026
                                            2/3




          committed no offence. Petitioner has falsely been implicated in

          this case due to village politics. The present F.I.R. has been

          lodged after inordinate delay of 11 days and there is no plausible

          explanation for the same which itself makes the entire

          prosecution case doubtful. Though, petitioner is alleged to have

          fired but no one has sustained any fire arm injuries. Petitioner

          claims clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, delay in lodging of the F.I.R., fact that no one has

          sustained any fire arm injury and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate 1st, Rosera, Samastipur in connection with Rosera
             Patna High Court CR. MISC. No.8700 of 2026(2) dt.23-02-2026
                                                         3/3




                       P.S. Case No. 93 of 2022, subject to condition as laid down

                       under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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