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Patna High Court

Abhishek Tewatia @ Abhishek @ VishuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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