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Patna High Court

Abhishek Kumar Singh @ Vivek Singh@Vivek Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail.

Summary

The petitioner, Abhishek Kumar Singh, was arrested in connection with a violent incident in which several persons were assaulted, a minor was abused, and a victim named Buchun later died. He was charged under multiple sections of the B.N.S., including offences of assault, homicide, and robbery, and later an additional section 103 was added. The petitioner pleaded that he has a clean record, has been in custody since 24‑10‑2025, and was falsely implicated by the informant, arguing that the allegations against him are vague and that the FIR does not invoke the Arms Act despite a pistol being mentioned. The State opposed bail, contending the seriousness of the offences. After hearing both sides, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, and the bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged with multiple serious offences under the B.N.S.
  • Whether the allegations against the petitioner constitute false implication warranting bail
  • Whether the nature of the offences and the absence of an Arms Act FIR justify denial of bail

Legislation cited

  • B.N.S. — s. 103, 109, 115(2), 118(1), 126(2), 303(2), 324(3), 3(5), 351(2), 352, 74

Subjects

  • bail
  • criminal procedure
  • assault
  • homicide
  • false implication
  • arms
  • B.N.S.
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10354 of 2026
                     Arising Out of PS. Case No.-172 Year-2025 Thana- PANCHRUKHI District- Siwan
                 ======================================================
                 Abhishek Kumar Singh @ Vivek Singh @ Vivek Kumar Singh Son of Ashok
                 Kumar Singh @ Ashok Singh Resident of Village - Chanp Tola ( Chanp Tole )
                 Teghara, P.S.- Pachrukhi ( Panchrukhi Sarai ), District - Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ratneshwar Prasad
                 For the Opposite Party/s :      Mr.Upendra Kumar- A.P.P.
                                                 Mr.Satyendra Rai
                                                 Dr. Rahul Ray
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in Panchrukhi (Sarai) P. S.

                   Case No.172 of 2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 118(1), 109, 324(3), 303(2), 74,

                   352, 351(2), 3(5) of the B.N.S. and later on Section 103 B.N.S.

                   was also added.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is in custody since 24.10.2025 and is a person

                   with clean antecedent and the informant alleges that on

                   13.04.2025 at 3.30 P.M. eleven named accused persons
Patna High Court CR. MISC. No.10354 of 2026(2) dt.04-05-2026
                                            2/3




          including the petitioner entered his house and Vicky assaulted

          Buchun twice by knife causing injury on head, thereafter Deepu

          assaulted Buchun by Axe causing injury on head and he fell

          unconscious. Further, Vicky and Deepu tore the clothes of minor

          girl aged about 17 years and dashed her on the ground and acted

          inappropriately, thereafter Dipu assaulted Suganti Devi by knife

          causing injury on face and head. Further, Babu, a driver, with

          pierce assaulted Ramesh by rod causing injury on head,

          thereafter petitioner assaulted Manish by rod causing injury on

          head and he became unconscious. Further, Rajesh gave country-

          made pistol to Abhishek and thereafter both entered the house

          and assaulted Ramesh and Om Prakash along with Amar took

          away ornaments and Rs.20,000/- along with Rupesh, thereafter

          injured were taken to hospital and condition of Buchun is

          critical. It is further submitted that Buchun subsequently died

          during the course of treatment.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that thrust of the allegation is

          against Vicky and Deepu of assaulting Buchun leading to his

          death. It is also submitted that Ashok Kumar Singh is alleged to

          have assaulted Manish by rod causing injury on head but then as
               Patna High Court CR. MISC. No.10354 of 2026(2) dt.04-05-2026
                                                           3/3




                         far as this petitioner is concerned, the allegation against him is

                         that Rajesh gave pistol to the petitioner and thereafter both

                         entered the house and assaulted the informant. It is next

                         submitted that allegation of assault is general and omnibus in

                         nature and the FIR has not been instituted under the Arms Act

                         which amply demonstrates the false implication of the petitioner

                         along with Rajesh. It is also submitted that petitioner is in

                         custody since 24.10.2025.

                                      5. Learned A.P.P. as well as the learned counsel

                         appearing on behalf of the informant opposes the bail

                         application

                                      6. After hearing the learned counsel for the parties,

                         the petitioner, above-named, is directed to be released on bail on

                         his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

                         Ten Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Court below where the case is pending in

                         connection with Panchrukhi (Sarai) P. S. Case No.172 of 2025.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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