Patna High Court
Abhishek Kumar Singh @ Vivek Singh@Vivek Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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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