Patna High Court

Akhilesh Kumar @ Guddu SinghversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Akhilesh Kumar, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act, alleging that he had taken Rs 4 lakhs from Kunal Kumar over a land dispute and was involved in a shooting that killed the informant’s brother and father. The prosecution alleged that Nitish Kumar, together with two unknown persons, fired the shots, while the petitioner was said to be the father of the main assailant. The petitioner contended that he had no direct involvement, had no criminal antecedent, and was falsely implicated, having been in judicial custody since 17‑05‑2025. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court found insufficient evidence of the petitioner’s participation and ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to the Additional District and Sessions Judge‑Xth, Gaya.

Issues considered

Whether the petitioner is entitled to bail despite the grave nature of the offences alleged under the B.N.S. and the Arms Act.
Whether the allegations against the petitioner constitute sufficient grounds to deny bail.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103(1), 3(5)

Subjects

bail
criminal procedure
Arms Act
false implication
land dispute
serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88706 of 2025
                       Arising Out of PS. Case No.-290 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Akhilesh Kumar @ Guddu Singh, S/o Late Sabit Singh, Resident of Village-
                 Dakhingaon, P.S.- Wazirganj, District- Gaya, Bihar
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Praveen Kumar, Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-01-2026                   Heard learned counsel for the petitioner, learned counsel

                   for the informant and learned APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Wazirganj P.S. Case No. 290 of 2025 registered for the offence

                   punishable under Sections 103(1) and 3(5) of B.N.S. and Section

                   27 of the Arms Act.

                                 3. The case of the prosecution, in short, is that the

                   petitioner along with others have taken Rs. 4 Lakhs from Kunal

                   Kumar due to some land dispute and started threatening on

                   demand of the cash. It is further alleged that the brother of the

                   informant, namely, Kunal Kumar was called out of the house and

                   Nitish Kumar in connivance with two unknown persons first of all

                   fired at the brother of the informant and after that at his father.

                   Both of them succumbed to be injuries.
             Patna High Court CR. MISC. No.88706 of 2025(2) dt.08-01-2026
                                                         2/2




                                    4. Learned counsel appearing on behalf of the petitioner

                       has submitted that petitioner is innocent and has committed no

                       offence. He has been falsely implicated in this case. From perusal

                       of the F.I.R. itself it is clear that the allegation of firing is against

                       Nitish Kumar and two unknown miscreants. Petitioner has been

                       framed in this case as he is father of the main assailant. There is no

                       allegation of any overt act against this petitioner. He is having no

                       criminal antecedent and he is languishing in judicial custody since

                       17.05.2025.

                                    5. Learned APP appearing for the State and learned

                       counsel for the informant have vehemently opposed the

                       application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned Additional

                       District and Sessions Judge-Xth, Gaya in connection with

                       Wazirganj P.S. Case No. 290 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T

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