Patna High Court
Abinash Kumar @ AbinashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Considering the general and omnibus allegation against the petitioners and the period of custody, the court allowed regular bail subject to verification of clean antecedent.
Summary
Abinash Kumar and Vikash Kumar were arrested in connection with a 2020 case alleging assault, grievous injury, and other offences under the IPC and the Witch Practices Act. They had been in custody since August 2025 and claimed to have clean antecedents. The State and the informant opposed their bail, citing the seriousness of the charges. The court, noting the general and omnibus nature of the allegations and the length of custody, granted regular bail with a bond of Rs.10,000 each and two sureties, subject to verification of their clean antecedent by the trial court. The order emphasized that the observations were prima facie and not to influence the trial's merits.
Issues considered
- Whether regular bail should be granted to the petitioners despite the serious charges under the IPC and the Witch Practices Act
Legislation cited
- Indian Penal Code — s. 323, 341, 354(B), 379, 504, 506/34
Subjects
- regular bail
- IPC offences
- Witch Practices Act
- criminal procedure
- antecedent verification
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91397 of 2025
Arising Out of PS. Case No.-69 Year-2020 Thana- MADHWAPUR District- Madhubani
======================================================
1. Abinash Kumar @ Abinash S/o Ram Pravesh Chouvey R/o Village -
Bhabhnipatti, P.S - Madhwapur, District - Madhubani
2. Vikash Kuamr S/o Ram Pravesh Chouvey R/o Village - Bhabhnipatti, P.S -
Madhwapur, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha
For the Opposite Party/s : Mr. Akshay Lal Pandit
For the Informant : Mr. Gagan Deo Yadav
Mr. Udeshya Kumar Yadav, Advocate
Mr. Ravi Prakash
Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 30-03-2026 Heard the learned counsel for the petitioners, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioners seek regular bail in connection with
Madhwapur P.S. Case No. 69 of 2020 registered for the offence
under Sections 323, 341, 354(B), 379, 504, 506/34 of the Indian
Penal Code and Section ¾ of the Witch Practices Act.
3. As per the prosecution case, the petitioners are
alleged to have assaulted the victim causing grievous injury.
4. Learned counsel for the petitioners submits that
there is general and omnibus allegation against the petitioners
Patna High Court CR. MISC. No.91397 of 2025(5) dt.30-03-2026
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and the petitioners are in custody since 07.08.2025 and have
clean antecedents.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. Considering the general and omnibus allegation
against the petitioners and the period of custody, this application
for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Madhwapur P.S. Case No. 69 of 2020
subject to condition that:-
(i). At the time of accepting the
bail bonds of the petitioners, the Court
below shall verify the fact whether the
petitioners have clean antecedent or not. If it
is found that the petitioners have clean
antecedent then only their bail bonds shall
be accepted by the Court below. However, it
is made clear that the acceptance of bail
bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the
name of verification.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.91397 of 2025(5) dt.30-03-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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