Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46165 of 2026 Arising Out of PS. Case No.-381 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== 1.
Abhishek Kumar S/O Baijnath Mahto Resident of Village- Gaura-01, Ward No. 11, Vanshi Nagar Tola, P.S.- Teghra, District-Begusarai. 2.
Saurav Kumar S/O Ram Ekbal Mahto @ Ramekwal Mahto Resident of Village- Gaura-01, Ward No. 11, Vanshi Nagar Tola, P.S.- Teghra, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Mr. Amit Prakash, Advocates For the Opposite Party/s :
Mr. Rajiv Nayan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2026 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, petitioners and other F.I.R. named accused persons surrounded the cousin of the informant and when the informant received information, he reached at the spot along with his uncle. Co-accused Saurav Kumar S/o Ramdhar Mahto shot at the informant and which hit in the upper part of his head. Petitioner no. 1 and co-accused Avinash Kumar fired upon the uncle of informant but he fell down and did not
Patna High Court CR. MISC. No.46165 of 2026(2) dt.16-07-2026 2/3 receive any gun shot injury. Thereafter, the petitioners and other co-accused persons assaulted the informant with slaps, fists and danda.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Specific accusation of firing upon the informant is against other co-accused person and there is no allegation of any specific overt act against these petitioners. Injury, allegedly, caused by these petitioners is simple in nature. Police after investigation submitted final form against these petitioners and they have not been sent for trial. Co-accused Avinash Kumar has already been granted regular bail by co-ordinate Bench of this Court vide order dated 01.05.2025 passed in Cr. Misc. No. 23464 of 2025.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of accusation and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief
Patna High Court CR. MISC. No.46165 of 2026(2) dt.16-07-2026 3/3 Judicial Magistrate, Begusarai in connection with Teghra P. S. Case No. 381 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T