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2026 DAILYLAW 13232 (PAT)

Avinash Kumar @ Shalu v. The State of Bihar

CR. MISC./15394/2026 · 2026-02-26

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15394 of 2026 Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna ====================================================== Avinash Kumar @ Shalu S/O Satish Singh R/O Village- Kab, P.S- Ranitalab, Distt.- Patna. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15486 of 2026 Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna ====================================================== Bablu Kumar @ Babu @ Boss S/o Munna Singh Resident of Village- Kab, P.S.- Ranitablab, District- Patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 15394 of 2026) For the Petitioner/s : Mr.Samrendra Kumar Jha For the Opposite Party/s : Mr.Rajendra Singh (In CRIMINAL MISCELLANEOUS No. 15486 of 2026) For the Petitioner/s : Mr.Samrendra Kumar Jha For the Opposite Party/s : Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 26-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for bail in connection with Ranitalab P.S. Case No. 277 of 2025 registered for the offence punishable under Sections 103(1), 61(2) of the Indian Penal Code and Section 27 of the Arms Act. Patna High Court CR. MISC. No.15394 of 2026(2) dt.26-02-2026 2/3 3. The case of the prosecution in short is that while the informant was about 50 meters away from his father, he found the sound of firing and when he went near his father, he found that his father had received bullet injury and had fallen down. Thereafter, the informant raised an alarm and saw 3-4 persons fleeing towards canal. The informant then took his father to hospital, where he declared dead. It is further alleged that the deceased used to say that one Anjani Kumar and Parwin Kumar were hatching a conspiracy to commit his murder. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that the petitioners are not named in the FIR. Their name has surfaced during the course of investigation on the basis of the confessional statement of Divyanshu Kumar @ Anshu Singh @ Anshu Kumar. Save and except the confessional statement of co-accused, nothing has come against the petitioners to implicate them. He further submits that other co-accused person has already been granted bail by this court vide Cr. Misc. No. 4868 of 2026. The case of the petitioner stands on similar footing. Moreover, Petitioner no. 1 namely, Avinash Kumar is languishing in judicial custody since 25.11.2025, whereas petitioner namely, Bablu Kumar is in judicial custody since 01.11.2025. Patna High Court CR. MISC. No.15394 of 2026(2) dt.26-02-2026 3/3 5. The application for bail is opposed by learned APP for the State and submits that the petitioner no. 1 is having criminal antecedent of one case whereas petitioner no. 2 has criminal antecedent of two cases. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Danapur, Patna in connection with Ranitalab P.S. Case No. 277 of 2025. Sudhanshu/- (Ashok Kumar Pandey, J) U T