Patna High Court
Abhinav Kumar @ AdityaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Abhinav Kumar, was arrested in connection with a robbery and shooting alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He claims he was falsely implicated, stating that his name does not appear in the FIR but only in a co‑accused’s confessional statement, and points to the bail granted to another co‑accused in a related case. The prosecution highlighted his four prior criminal antecedents and his custody since 19‑Oct‑2024. The court considered the framed charge, the length of custody, the claim of false implication, and the principle of parity with the co‑accused. It decided to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding appearance and surety qualifications. The petitioner was ordered to be released on bail subject to these conditions.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s claim of false implication and lack of his name in the FIR warrants bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- false implication
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal antecedents
- section 309
- section 27
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89269 of 2025
Arising Out of PS. Case No.-434 Year-2024 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Abhinav Kumar @ Aditya S/o Raj Kumar Patel Resident of village - Miscout,
P.S - Town Motihari, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Town
P.S. Case No. 434 of 2024 instituted for the offence under
Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. As per prosecution case, three unknown persons
are said to have committed loot of Rs. 8,00,000/- from one Ajay
Kumar. They also opened fire upon him, as a result, he sustained
gunshot injury.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 19.10.2024. Petitioner
bears four criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.89269 of 2025(2) dt.16-01-2026
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paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that charge is
framed in this case. Petitioner is not named in the FIR. Name of
the petitioner has surfaced on the confessional statement of co-
accused, namely, Subhash Kumar. Other co-accused has been
granted bail by a Co-ordinate Bench of this Court vide order
dated 30-04-2025, passed in Cr. Misc. No. 23331 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, claim based on
parity and charge being framed, this Court is inclined to grant
bail to the petitioner.
8. Let the petitioner be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
Thousand) with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection
with Town P.S. Case No. 434 of 2024, subject to the
following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.89269 of 2025(2) dt.16-01-2026
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to
cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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