Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38399 of 2026 Arising Out of PS. Case No.-324 Year-2025 Thana- KARJA District- Muzaffarpur ====================================================== Abhishek Kumar S/o Raghvendra Rai @ Raghvendra Ray R/o Village - Vasan Kharauna @ Kharona Basant, Ward No.15, P.S. - Turki, Dist. - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kishor, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 28-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Karja P.S. Case No. 324 of 2025 lodged on 25.11.2025, for the offence punishable under Sections 103(1), 238, 61(2) and 140(3) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that son of the informant went with the present petitioner and other two coaccused persons. All three accused persons returned home except the son of the informant. It is further alleged that despite making various efforts, the informant was unable to find her son. Thereafter, on 26.11.2025, a dead body was found on the bank of river and which is later on identified as informant's son.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.38399 of 2026(3) dt.28-07-2026 2/3 petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submits that the criminal antecedent of the petitioner is clean and he is in custody since 16.02.2026. Learned counsel lastly submits that although the petitioner and the deceased were friends but the petitioner had no connection in respect to the allegations levelled in the present case.
5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
6. Having heard the parties and perused the case diary. In view of the fact that charge-sheet has already been filed and the petitioner is a friend of the deceased and his name has been implicated primarily on the basis of suspicion.
7. Looking things in totality and considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the likewise amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Karja P.S. Case No. 324 of 2025 , subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.
Patna High Court CR. MISC. No.38399 of 2026(3) dt.28-07-2026 3/3 (II) The petitioner shall appear on each and every date fixed during the trial and also co-operate in the process of trial. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The Petitioner shall not commit offence of a similar nature in future.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Alok Kumar, J) Bipin/- U T