Patna High CourtCR. MISC./662/2026bail granted

Abhishek Kumar v. The State Of Bihar

2026-01-15Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.662 of 2026 Arising Out of PS. Case No.-247 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Abhishek Kumar Son of Rajendra Prasad @ Rajendra Bhagat Resident of Village- Rajepur, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Sharad Kumar Verma, Advocate Mr. Sagar Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-01-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajepur P.S Case no.247 of 2025 registered under section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, in course of vehicle checking, it is stated that on being signalled to stop, the three accused persons made an attempt to escape on their motorcycle. They were caught. On search, it is stated that while a loaded country made pistol was recovered from the possession of the

Patna High Court CR. MISC. No.662 of 2026(2) dt.15-01-2026 2/3 co-accused, a mobile phone was recovered from the possession of the petitioner and one another. No documents with respect to the motorcycle was provided and on enquiry it was disclosed that the same was stolen.

4. From the contents of the petition it transpires that the case of the petitioner is that he has been falsely implicated in the case. No incriminating article has been recovered from his possession. Even as per the FIR, only a mobile phone was recovered from the petitioner's possession. He is in custody since 15.8.2025 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having perused the contents of the petition and having heard learned A.P.P for the State, taking into consideration the allegation against the petitioner in the FIR, according to which a mobile phone was recovered from the petitioner's possession together with the petitioner having remained in custody for 5 months since 15.8.2025 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Rajepur P.S Case no.247 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.662 of 2026(2) dt.15-01-2026 3/3 each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari at East Champaran.

(Partha Sarthy, J) Shiv/- U T