Patna High Court

Ayush KumarversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Ayush Kumar was arrested in connection with a murder case (PS Ram Krishna Nagar Case No. 420 of 2025) alleged under Sections 103(1), 61(2), 325 read with 3(5) of the Bihar Negotiable Substances Act and Section 27 of the Arms Act. The FIR does not name him, but a co‑accused’s confessional statement mentions other persons firing at the victim, with no specific allegation against Ayush. He has been in judicial custody since 2 August 2025 and sought regular bail. The State opposed bail, but the court, after considering the lack of direct incriminating material against him, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether bail should be granted to the petitioner when his name is absent from the FIR and no specific role is attributed to him in the co‑accused’s confessional statement.

Legislation cited

Arms Act — s. 27

Subjects

bail
criminal procedure
FIR
confessional statement
Arms Act
dowry cruelty
murder
section 103
section 61
section 325

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90166 of 2025
                 Arising Out of PS. Case No.-420 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Ayush Kumar S/o Rinku Singh @ Rinku Kumar R/o Village -Gali no. 23,
                 Janakdhari Lal Road, Near - Arya Samaj Mandir, Bhathi Road, Danapur, P.S -
                 Danapur, District - Patna

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ravi Shanker Pankaj, Advocate
                 For the Opposite Party/s :     Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1),

                   61(2) & 325 read with Section 3(5) of the BNS and under

                   Section 27 of the Arms Act.

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

                   informant has gone to feed the cow with her husband. It is

                   further alleged that three persons being armed with pistol

                   arrived there and started firing indiscriminately on her husband

                   due to which he fell down. The informant raised alarm. During

                   course of treatment her husband died. It is further alleged that

                   the daughter of the informant was married to one Neeraj Kumar
Patna High Court CR. MISC. No.90166 of 2025(3) dt.18-02-2026
                                            2/3




          and she was subjected to cruelty on account of non-fulfillment

          of dowry demand. The daughter of the informant was killed and

          for that the informant has lodged an FIR.

                       4. Learned counsel for the petitioner submits that

          from perusal of the FIR it is clear that the name of this petitioner

          is not there in the FIR. Learned counsel for the petitioner has

          submitted that the name of this petitioner has surfaced during

          course of investigation one of the co-accused Aniket has given

          his confessional statement and in his confessional statement he

          has stated that Vikash and Deepak have fired at the deceased.

          Learned counsel for the petitioner has submitted that from the

          confessional statement of co-accused no specific role is

          attributed to the petitioner. It is further submitted that Deepak

          Kumar has been granted bail by this Court vide Cr. Misc. No.

          9787 of 2026. Learned counsel for the petitioner has submitted

          that the petitioner is languishing in judicial custody since

          02.08.2025.

                       5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the 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
            Patna High Court CR. MISC. No.90166 of 2025(3) dt.18-02-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Ram Krishna Nagar P.S. Case No. 420 of 2025 on furnishing

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

                      like amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate-I, Patna.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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