Created by Fuzzy Cloud

Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.