Patna High Court
Abhishek Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bihar Negotiable Statutes (BNS) — s. 109, 111, 189(4), 189(5), 190, 191(3)
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
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