Patna High Court

Abhilekh Kumar Tiwari @ AkhileshversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted regular bail to the petitioner.

Summary

Abhilekh Kumar Tiwari was arrested in connection with a Gopalganj Town police case involving offences under sections 341, 323, 324, 327, 447, 387 IPC (read with section 34) and section 27 of the Arms Act. He applied for regular bail after his earlier bail plea was rejected on 28 July 2025. Counsel argued that two co‑accused had been granted bail by other benches of the Patna High Court, that there were no specific allegations against the petitioner in the FIR, and that his trial had progressed to the charge‑framing stage, causing him to remain in custody since 2 April 2025. The State opposed the bail. Considering the change in trial stage, the bail granted to co‑accused, and the length of his detention, the Court inclined to release the petitioner on bail, ordering a bond of Rs. 20,000 with two sureties. The petitioner was therefore released on bail.

Issues considered

Whether the petitioner is entitled to regular bail despite a prior denial of bail
Whether the grant of bail to co‑accused and the change in trial stage justify bail for the petitioner
Whether the absence of specific allegations against the petitioner in the FIR affects bail eligibility

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 323, 324, 327, 34, 341, 387, 447

Subjects

regular bail
IPC offences
Arms Act
charge framing
co‑accused bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88152 of 2025
                 Arising Out of PS. Case No.-43 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj
                 ======================================================
                 Abhilekh Kumar Tiwari @ Akhilesh, Son of Late Bageshwari Tiwari,
                 Resident of Village- Tara Baba, Ward No. 11, P.S. and District- Gopalganj-
                 841428                                                     ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jeetendra Narayan, Adv.
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                   Heard Mr. Jeetendra Narayan, learned counsel for the

                   petitioner and Mr. Chandra Bhushan Prasad, learned APP for the

                   State.

                                2. Petitioner seeks regular bail in connection with

                   Gopalganj Town P.S. Case No. 43 of 2024 dated 14.01.2024

                   registered for the offences punishable under sections 341, 323,

                   324, 327, 447 and 387 read with section 34 of the Indian Penal

                   Code and section 27 of the Arms Act.

                                3. The main submissions advanced by petitioner’s

                   counsel are that this is the second attempt of the petitioner to get

                   the relief of bail and his first prayer for the same relief was

                   rejected by this Court vide order dated 28.07.2025 passed in Cr.

                   Misc. No. 44306/2025 and the fresh circumstances entitling him

                   to get the relief of bail are the granting of the relief of bail to two

                   co-accused persons namely, Anand Bagi and Abhishek Chaubey,

                   carrying specific allegations, by different co-ordinate benches of
             Patna High Court CR. MISC. No.88152 of 2025(2) dt.09-01-2026
                                                         2/2



                       this Court vide orders dated 01.10.2024 & 04.09.2025 passed in

                       Cr. Misc. Nos. 67259/2024 & 61412/2025 respectively while

                       against the petitioner there is no specific allegation in the FIR

                       which has been registered against 11 accused persons including

                       the petitioner and secondly, the stage of trial of the petitioner has

                       changed as his trial has started after framing of the charges upon

                       him. It is further submitted that the petitioner has been

                       languishing in jail since 02.04.2025 and there is no chance of the

                       completion of the petitioner’s trial in near future.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioner.

                                    5. Considering the aforesaid submissions and mainly

                       the relief of bail having been granted to the aforesaid co-accused

                       persons by different co-ordinate benches of this Court and the

                       stage of the petitioner’s trial coupled with his custody period, this

                       Court is now inclined to release him on bail. Accordingly, let the

                       petitioner named-above be released on bail on furnishing bail

                       bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                       sureties of the like amount each to the satisfaction of the court

                       concerned in connection with Gopalganj Town P.S. Case No. 43

                       of 2024.


                                                 (Shailendra Singh, J)
annu/-
U        T

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