Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that, in view of the lack of independent seizure witnesses and the petitioner’s prolonged custody, regular bail should be granted.
Summary
Petitioner Abhishek Kumar was arrested in connection with a case alleging recovery of six mobile phones and a motorcycle, but no stolen items were found in his possession and the seizure list was signed only by police witnesses. He has prior criminal cases but is already on bail in those matters and has been in judicial custody since 10 March 2025. The petitioner argued that the recovery was fabricated and that the lack of independent witnesses warranted bail. The State opposed the bail application. Considering the absence of independent seizure witnesses, the prolonged custody, and the fact that the prosecution witnesses are official police officers, the court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the charges under the Bharatiya Nyaya Sanhita.
- Whether the lack of independent seizure witnesses and absence of recovered stolen articles justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 317(5), 318(4), 336(3), 338, 3(5)
Subjects
- regular bail
- judicial custody
- seizure witnesses
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90180 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
Abhishek Kumar S/O Laxmi Singh Resident of village- Kothiya Ward No. 06,
P.S.- N.H. Bangra, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Adv.
For the State : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Tajpur P.S. Case No. 36 of 2025 registered for the offences
punishable under Sections 303(2), 317(5), 338, 336(3), 318(4)
and 3(5) of the Bharatiya Nyaya Sanhita.
3. The main submissions advanced by the petitioner’s
counsel are that, as per the prosecution case, the instant matter
relates to the alleged recovery of six mobile phones and a black
Splendor motorcycle from the possession of the petitioner, but,
no stolen article has been recovered from the conscious
possession of the petitioner or from his residence. It is further
submitted that the recovery shown by the informant is planted
and concocted, and no independent witness has signed the
seizure list, as all the seizure witnesses are members of the
Patna High Court CR. MISC. No.90180 of 2025(2) dt.13-01-2026
2/2
police party. It is also submitted that though the petitioner has
criminal antecedent of two cases but he is already on bail in
both the said cases and has been languishing in judicial custody
since 10.03.2025.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the aforesaid submissions, the
averments made in this application, the period of custody
undergone by the petitioner, and the fact that the material
prosecution witnesses who are to be examined during the trial of
the petitioner, are official witnesses, this Court is inclined to
release the petitioner 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 concerned Court in
connection with Tajpur P.S. Case No. 36 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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