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Patna High Court

Abinash Kumar @ AbinashversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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