Patna High CourtCR. MISC./10397/2026dismissed

Abhay Kumar v. The State Of Bihar

2026-02-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10397 of 2026 Arising Out of PS. Case No.-293 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Abhay Kumar S/o Late Nanhe Ram @ Nanhe Singh R/o Village - Sadipur Takeya, P.S. - Obra, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the State :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Obra P.S. Case No. 293 of 2025, G.R. No. 1138 of 2025, registered for the offence under Sections 115(2), 126(2), 109(1), 118(1), 118(2), and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 19.11.2025 passed in Cr. Misc. No. 78732 of 2025, which reads as under:

"Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Obra P.S. Case No. 293 of 2025, G.R. No. 1138 of 2025, registered for the offence under Sections 115(2), 126(2), 109(1), 118(1), 118(2), and 3(5) of the B.N.S. and Section 27 of

Patna High Court CR. MISC. No.10397 of 2026(2) dt.16-02-2026 2/2 the Arms Act.

3. As per the prosecution case, the petitioner was driving the motorcycle on which the assailant, Munji Kumar, was also sitting, they went and Munji Kumar shot at the victim. The petitioner is in jail since 25.08.2025.

4. Considering the fact that the petitioner and the co-accused have shot at the victim and injured him, I am not inclined to grant bail to the petitioner. This application for regular bail stands rejected.

5. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail."

4. It is fairly submitted by learned counsel for the petitioner that the trial has started.

5. Considering the gravity of the offence and the fact that the trial has started, I am not inclined to review my earlier order.

6. Accordingly, the application stands dismissed. (Sandeep Kumar, J) P. Kumar U T