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Patna High CourtCR. MISC./20872/2026allowed

Akash Kumar Turha @ Akash Kumar @ Aakash Kumar Sah v. The State Of Bihar

2026-04-17Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20872 of 2026 Arising Out of PS. Case No.-101 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Akash Kumar Turha @ Akash Kumar @ Aakash Kumar Sah S/O Chandeshwar Sah @ Chanesar Sah R/O Village - Mirganj, P.S- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh, Advocate Mr. Abhijeet, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Mirganj P.S. Case No. 101 of 2025 instituted for the offence under Sections 115(2), 126(2), 109, 352 and 351(2), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act which was earlier rejected by this Court vide order dated 27.11.2025 passed in Cr. Misc. No. 62424 of 2025 with an observation that the petitioner will be at liberty to renew his prayer for bail after completing the custody period of one year.

3. The case of the prosecution, in short, is that the petitioner had fired thrice at the informant on a trivial issue due to which he has received gun shot injuries.

Patna High Court CR. MISC. No.20872 of 2026(2) dt.17-04-2026 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is in custody since 07.03.2025. He has already completed one year of incarceration. He further submits that from perusal of Annexure-3, it will transpire that till today only charges have been framed and no witness has been examined.

5. The application for bail is vehemently opposed by the learned counsel for the informant and the learned APP for the state and submits that the petitioner has a criminal antecedent of one case. Learned counsel for the informant submits that he had filed a petition before the police while the investigation was under progress that the brother of the petitioner is threatening one of the witnesses, Bhola of dire consequences.

6. Countering this, the learned counsel for the petitioner has submitted that there is a witness protection scheme and the petition should be filed before the competent authority, who will assess the threat, and thereafter protection in that accordance will be given. Petitioner has already served the period of one year in incarceration.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.20872 of 2026(2) dt.17-04-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Gopalganj in connection with Mirganj P.S. Case No. 101 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T