Created by Fuzzy Cloud

Patna High Court

Abhishek Anand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to a bond, sureties and conditions.

Summary

Petitioner Abhishek Anand Kumar was arrested in connection with a stone‑pelting and firing incident alleged to have taken place at the house of Abhinash Kumar, for which he was charged under several sections of the Bihar Negotiable Statutes (BNS) and the Arms Act. The petitioner claimed he was falsely implicated, asserted a clean antecedent, and argued that no injuries resulted from the alleged firing. The State opposed his bail, contending the seriousness of the offences. The Court examined the facts, the nature of the charges, and the petitioner’s background, and ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to his cooperation in the trial and verification of any other criminal antecedent. The bail order also provided that the bond could be cancelled if the petitioner is found involved in other cases.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the charges under the BNS and the Arms Act
  • Whether the nature of the alleged offences and the evidence presented justify denial of bail

Legislation cited

Subjects

  • regular bail
  • bail bond
  • surety
  • Bihar Negotiable Statutes
  • Arms Act
  • stone pelting
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9132 of 2026
                       Arising Out of PS. Case No.-534 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Abhishek Anand Kumar Son of Lavkush Kumar Resident of Village -
                 Sithaura, Police Station - Rajgir, District - Nalanda.
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sunil Kumar
                 For the State           :        Mr. Surendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   26-02-2026                      Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Giriyak P.S. Case No. 534 of 2025, registered for the offences

                   punishable under Sections 189(4), 189(5), 190, 191(3), 109, 111 of

                   the BNS and Section 25(1-B)a, 26, 27, 35 of the Arms Act.

                                3. As per the prosecution case, the petitioner along with

                   other FIR named and 10-12 unknown co-accused persons, are said

                   to have pelted stones and fired at the house of Abhinash Kumar.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted as per allegation, in course of

                   the occurrence, indiscriminate firing was made but none has

                   suffered any kind of injury. It has further submitted that the

                   petitioner is a person of clean antecedent and is in custody since
             Patna High Court CR. MISC. No.9132 of 2026(2) dt.26-02-2026
                                                         2/2




                       29.11.2025.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail of the petitioner.

                                    6.   Considering        the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to

                       furnish bail bond and on doing so, the court below shall release the

                       petitioner on bail on furnishing bail bonds of Rs.10,000/- with two

                       sureties of the like amount each to the satisfaction of learned Chief

                       Judicial Magistrate, Nalanda at Bihar Sharif in connection with

                       Giriyak P.S. Case No. 534 of 2025, subject to the following

                       conditions that the petitioner shall cooperate in the disposal of

                       trial and make himself available as and when required by the

                       court.

                                    7. After accepting the bail bonds, the criminal

                       antecedent of the petitioner shall be verified and if, it is

                       found that he is involved in any other case except the present

                       one, the court below shall cancel the bail bonds of the

                       petitioner.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

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.