Patna High Court
Akhilesh @ Aklesh Kumar @ Nakta @ Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Akhilesh Kumar, was arrested in connection with a murder case (Fatuha PS Case No.702 of 2023) alleged under IPC sections 302, 120B, 34 and Arms Act section 27. The prosecution’s informant claimed that the accused’s firing caused the death of his son, but the petitioner contended that he was falsely implicated and that the informant was not an eye‑witness. Several co‑accused had already been granted anticipatory or regular bail, and the petitioner had been in custody for seven months since 1 September 2025 with a chargesheet filed. The State opposed the bail application, but the court considered the material gathered during investigation and the precedent of bail to co‑accused. Finding no compelling reason to keep the petitioner detained, the court ordered his release on regular bail. The bail condition required a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate‑II, Patna City.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder, criminal conspiracy and use of arms
- Whether the material on record and the grant of bail to co‑accused justify release of the petitioner
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- regular bail
- murder
- criminal conspiracy
- IPC
- Arms Act
- high court
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89180 of 2025
Arising Out of PS. Case No.-702 Year-2023 Thana- FATUA District- Patna
======================================================
Akhilesh @ Aklesh Kumar @ Nakta @ Akhilesh Kumar S/o Ram Suhawan
Gope Resident of Village- Surgapar, P.S- Fatuha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate
Mr. Harsh Kumar Singh, Advocate
Mr. Satyendra Prasad Singh, Advocate
Ms. Pushpa Kumari, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Fatuha P.S. Case no.702
of 2023 registered under sections 302, 120B and 34 of the
Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that as a result of firing resorted to by the 12 named accused
persons including the petitioner herein, the son of the informant
sustained gunshot injury and died.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The informant
is not an eye witness to the occurrence. The manner of
Patna High Court CR. MISC. No.89180 of 2025(3) dt.01-04-2026
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occurrence is other than what has been narrated in the FIR.
Taking the facts into consideration as also the material that has
transpired in course of investigation, large number of FIR
named accused whose case stand on a similar footing to that of
the petitioner have been enlarged on regular and anticipatory
bail. Ram Shuhavan Gop has been enlarged on anticipatory bail
by order dated 21.8.2024 passed in Cr. Misc. no.43961 of 2024.
Co-accused Kapil Singh, Lal Babu Kumar, Suraj Kumar, Lallan
Singh, Indrajit Kumar and Rohit Kumar have been enlarged on
bail. The petitioner is in custody since 1.9.2025 and chargesheet
has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the material that has transpired in course of
investigation, grant of anticipatory and regular bail to large
number of co-accused vide orders brought on record as
Annexure-P/3 series, the petitioner having remained in custody
for 7 months since 1.9.2025 and chargesheet having been
submitted in the case, the petitioner is directed to be enlarged on
bail in connection with Fatuha P.S. Case no.702 of 2023 on
Patna High Court CR. MISC. No.89180 of 2025(3) dt.01-04-2026
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furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M-II, Patna City, District-Patna.
(Partha Sarthy, J)
Shiv/-
U T
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