Patna High Court
Abhisekh Kumar @ Pranave Kumar @ Pranav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 307, 34
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.