Abhinav Pathak @ Chandan @ Chandan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40982 of 2026 Arising Out of PS. Case No.-418 Year-2025 Thana- DUMRA District- Sitamarhi ====================================================== Abhinav Pathak @ Chandan @ Chandan Pathak Son of Rajiv Pathak Resident of Village - Malahi, P.S.- Sursand, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103(2) and 61(2) of the B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution, in short, is that Sunil Jha and others have killed the brother of the informant, namely, Madan Kumar Singh.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that the name of this petitioner is not there in the F.I.R. From perusal of the order of the leaned trial Court it will transpire that learned

Patna High Court CR. MISC. No.40982 of 2026(2) dt.25-06-2026 2/3 trial Court has recorded that "this petitioner's name surfaced in the confessional statement recorded in Sursand P.S. Case No.329 of 2025 dated 28.08.2025 under NDPS, confessional statement of Shiv Shankar (Mukhiya)/(Ravi Shankar Mukhiya) mentioned in para 33/173, confessional statement of Deepak Kumar Thakur in para 186of the case diary".

5. Learned counsel for the petitioner has further submitted that name of this petitioner has surfaced in this case on the basis of confessional statement recorded in other case. It has further been submitted that learned trial Court has recorded in para 87 of the case diary that the petitioner was found in video where he was seen dancing with pistol. It has further been submitted that only material against the petitioner is confessional statement. Save and except the confessional statement, there is nothing against him. Petitioner is languishing in judicial custody since 04.09.2025.

6. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of two cases.

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

Patna High Court CR. MISC. No.40982 of 2026(2) dt.25-06-2026 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, Sitamarhi in connection with Dumra P.S. Case No. 418 of 2025.

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