Patna High Court
Abhishek Kumar Singh @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Abhishek Kumar Singh and Mannu Kumar, applied for regular bail in a case registered under sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita and sections 25(1B)(a), 26 and 35 of the Arms Act. They contended that they were falsely implicated, no incriminating material was recovered from them, and the pistol was seized from a co‑accused. The State opposed the bail. The Court noted that the petitioners were arrested at the spot while attempting to flee after a loot, but considered their young age, clean antecedents, the length of custody since 17‑08‑2025, and the completion of the investigation. Balancing these factors, the Court granted regular bail on a bond of Rs. 20,000 with two sureties each. The order directed their release on bail.
Issues considered
- Whether bail should be granted to accused of offences under sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita and sections 25(1B)(a), 26 and 35 of the Arms Act.
- Whether the petitioners' young age, clean antecedent and completion of investigation justify granting bail.
- Whether the absence of incriminating material against the petitioners and recovery of the weapon from a co‑accused affect the bail decision.
Legislation cited
- Arms Act — s. 25(1B)(a), 26, 35
- Bharatiya Nyaya Sanhita — s. 309(4), 317(2)
Subjects
- bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- young accused
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90204 of 2025
Arising Out of PS. Case No.-869 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
1. Abhishek Kumar Singh @ Abhishek Kumar, S/o- Late Ajay Singh @ Late
Ajay Kr. Singh R/o- Biscoman Colony near Shiv Mandir P.S.- Alamganj,
District-Patna
2. Mannu Kumar S/o- Rahmat R/v- Sri Ram Colony, Kumhrar, PS-
Bahadurpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tirpit Kumar, Adv.
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioners seek regular bail in connection with
Alamganj P.S. Case No. 869 of 2025 registered for the offences
punishable under sections 309(4) and 317(2) of the Bharatiya
Nyaya Sanhita and section 25(1B)(a), 26 and 35 of the Arms Act.
3. The main submissions advanced by petitioners’
counsel are that the petitioners have been falsely implicated in
the present matter and nothing incriminating material has been
recovered from them and the alleged country made pistol was
recovered from the co-accused Rahul Kumar, not from the
petitioners. It is further submitted that the petitioners are young
persons, having fair and clean antecedent and have been
Patna High Court CR. MISC. No.90204 of 2025(2) dt.13-01-2026
2/2
languishing in jail since 17.08.2025 and they were not put on
Test Identification Parade and against them the investigation has
been completed.
4. Learned APP for the State has opposed the prayer of
the petitioners.
5. Heard both the sides and perused the relevant
materials. Though the petitioners were arrested at the spot when
they were trying to escape after committing the offence of loot,
however, considering their young age, custody period and fair
and clean antecedent, coupled with completion of investigation
against them, this Court is inclined to release them on bail.
Accordingly, let the petitioners named-above be released on bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) each with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Alamganj
P.S. Case No. 869 of 2025.
(Shailendra Singh, J)
annu/-
U T
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