Patna High Court
Abhishek Tewatia @ Abhishek @ VishuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered the release of the petitioner on bail subject to specified conditions.
Summary
Petitioner Abhishek Tewatia was arrested on 19 May 2025 in connection with a shooting incident and charged under Sections 109 and 61(2) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case rests mainly on a confessional statement of co‑accused Dindayal Yadav, with no other material linking the petitioner to the crime. The petitioner contended that he was never named in the FIR and that the evidence against him is weak. The State opposed bail, highlighting the petitioner’s eleven prior criminal antecedents, though noting he is already on bail for those cases. The High Court, after considering the circumstances, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyay Sanhita and Arms Act.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 61(2)
Subjects
- bail
- criminal antecedents
- confessional statement
- Arms Act
- Bharatiya Nyay Sanhita
- court conditions
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87516 of 2025
Arising Out of PS. Case No.-108 Year-2025 Thana- MITHANPURA District- Muzaffarpur
======================================================
Abhishek Tewatia @ Abhishek @ Vishu S/O Omveer Singh R/O Village-
Naya BAS, P.S- Gulawathi, Distt.- Bulandshehar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rambabu Yadav, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 01-04-2026 Heard Mr. Rambabu Yadav, learned counsel for
the petitioner and Mr. Harendra Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.05.2025 in connection with Mithanpura P.S. Case No.108 of
2025, F.I.R. dated 08.05.2025 for the offences punishable under
Section 109, 61(2) of the Bharatiya Nyay Sanhita, 2023 and 27
of Arms Act.
3. According to prosecution case, it is alleged that on
07.05.2025 at 09.41 A.M when the son of the informant went
for taking breakfast and reached near Bharat Mata Chowk,
infront of one shop, two motorcycle borne miscreants came and
shot his son and due to which he sustained injury and later taken
to hospital for treatment.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87516 of 2025(5) dt.01-04-2026
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petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired during investigation on the basis of confessional
statement of co-accused person, namely, Dindayal Yadav and
except the confessional statement of co-accused person, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence and nothing has been recovered from the conscious
possession of the petitioner rather recovery has been made from
the possession of co-accused person. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 19.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries eleven criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 3 rd
Patna High Court CR. MISC. No.87516 of 2025(5) dt.01-04-2026
3/3
Additional Session Judge, Muzaffarpur in connection with
Mithanpura P.S. Case No.108 of 2025, subject to the 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 bonds 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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