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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46196 of 2026 Arising Out of PS. Case No.-407 Year-2025 Thana- NATHNAGAR District- Bhagalpur ====================================================== Ayush Kumar @ Ayush Pratap S/o Natwar Sah R/o Mohalla- Mirzapur, PS- Nathnagar, Distt- Bhagalpur. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.S.M. Ashraf, Sr. Advocate Mr.Rana Hason, Advocate For the informant : Ms.Prarima Kumari, Advocate For the Opposite Party/s : Mr.Ram Priya Sharan Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 4 17-08-2026 Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Nathnagar P.S. case No. 407 of 2025, instituted for the offences under Sections 140(3), 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26, 27 and 35 of the Arms Act.
3. The Prosecution case, in short, is that on 23.12.2025 at about 7.35 P.M., the nephew of the informant namely Abhishek Kumar went to the market, but he did not return home. Thereafter, informant made intense search regarding whereabouts of his nephew and suspected that some untoward incident may happen with him. It is alleged that on 24.12.2025,
Patna High Court CR. MISC. No.46196 of 2026(4) dt.17-08-2026 2/3 the nephew of the informant talked with informant and informed him that he is in Jamalpur and he would return in afternoon, thereafter, his mobile was found switched off.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R., the name of the petitioner surfaced in this case on the confessional statement of co-accused Ritesh Kumar. He further submits that there is no eye-witness of the occurrence. He also submits that after investigation, the Charge-sheet has already been submitted in this case. The counsel lastly submits that petitioner is in custody since 29.12.2025 and he has no criminal antecedents.
5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. He further submits that the nephew of the informant has been killed by the accused persons. The involvement of the petitioner, in this heinous crime, comes in paragraph Nos. 2 and 15 of the case diary. In paragraph Nos. 54 and 55 of the case diary, co-accused Ritesh Kumar and the petitioner have confessed his guilt with respect to killing of deceased.
6. Having heard the parties, considering the aforesaid
facts and circumstances of the case and taking into account the
Patna High Court CR. MISC. No.46196 of 2026(4) dt.17-08-2026 3/3 nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
manish/- (Alok Kumar, J) U T