Abhilekh Kumar Tiwari @ Akhilesh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Abhilekh Kumar Tiwari @ Akhilesh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the court concerned in connection with Gopalganj Town P.S. Case No. 43 of 2024.

Issue for consideration

Whether the petitioner should be released on regular bail in Gopalganj Town P.S. Case No. 43 of 2024, this being his second bail application after rejection of the first, in view of bail granted to co-accused, the commencement of his trial, and his period of custody.

Court's answer

The Court inclined to grant bail principally because co-accused persons (Anand Bagi and Abhishek Chaubey) carrying specific allegations had already been granted bail by different co-ordinate benches of this Court, coupled with the stage of the petitioner's trial (commenced after framing of charges) and his custody period since 02.04.2025.

Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the court concerned in connection with Gopalganj Town P.S. Case No. 43 of 2024.

Detailed headnote1 paragraphs

Patna High Court (Shailendra Singh, J.) allowed a second regular-bail application in Gopalganj Town P.S. Case No. 43 of 2024 (ss. 341, 323, 324, 327, 447, 387 r/w 34 IPC and s. 27 Arms Act), registered against 11 accused persons. The petitioner's first bail prayer had been rejected on 28.07.2025 in Cr. Misc. No. 44306/2025. Bail was granted mainly on parity: co-accused Anand Bagi and Abhishek Chaubey, though carrying specific allegations, had been released by different co-ordinate benches (orders dt. 01.10.2024 and 04.09.2025 in Cr. Misc. Nos. 67259/2024 and 61412/2025), while no specific allegation was made against the petitioner in the FIR. Changed circumstances also included commencement of the petitioner's trial after framing of charges and custody since 02.04.2025. Bail bond fixed at Rs. 20,000/- with two like sureties.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88152 of 2025

Arising Out of PS. Case No.-43 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj

======================================================

Abhilekh Kumar Tiwari @ Akhilesh, Son of Late Bageshwari Tiwari, Resident of Village- Tara Baba, Ward No. 11, P.S. and District- Gopalganj841428 ... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jeetendra Narayan, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 09-01-2026

Heard Mr. Jeetendra Narayan, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned APP for the State.

2. Petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 43 of 2024 dated 14.01.2024 registered for the offences punishable under sections 341, 323, 324, 327, 447 and 387 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. The main submissions advanced by petitioner’s counsel are that this is the second attempt of the petitioner to get the relief of bail and his first prayer for the same relief was rejected by this Court vide order dated 28.07.2025 passed in Cr. Misc. No. 44306/2025 and the fresh circumstances entitling him to get the relief of bail are the granting of the relief of bail to two co-accused persons namely, Anand Bagi and Abhishek Chaubey, carrying specific allegations, by different co-ordinate benches of

Patna High Court CR. MISC. No.88152 of 2025(2) dt.09-01-2026 2/2

this Court vide orders dated 01.10.2024 & 04.09.2025 passed in Cr. Misc. Nos. 67259/2024 & 61412/2025 respectively while against the petitioner there is no specific allegation in the FIR which has been registered against 11 accused persons including the petitioner and secondly, the stage of trial of the petitioner has changed as his trial has started after framing of the charges upon him. It is further submitted that the petitioner has been languishing in jail since 02.04.2025 and there is no chance of the completion of the petitioner’s trial in near future.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Considering the aforesaid submissions and mainly the relief of bail having been granted to the aforesaid co-accused persons by different co-ordinate benches of this Court and the stage of the petitioner’s trial coupled with his custody period, this Court is now inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Gopalganj Town P.S. Case No. 43 of 2024.

(Shailendra Singh, J)

annu/- U T