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Patna High Court

Abhinash Singh @ Avinash Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, holding that the general nature of the allegations and the precedent of bail to a co‑accused warranted relief.

Summary

The petitioner, Abhinash Singh, applied for anticipatory bail in a case alleging assault and related offences under Sections 341, 323, 307, 504, 506 and 34 of the IPC. The FIR, lodged six days after the alleged incident, described a general and omnibus allegation against the petitioner, while specific assault charges were directed at co‑accused Sintu Singh. The petitioner argued innocence, political victimisation, and pointed to the fact that a similarly situated co‑accused, Ravindra Singh, had been granted anticipatory bail by a coordinate bench. The court noted the general nature of the allegations, the precedent of bail to a co‑accused, and the lack of specific incriminating material against the petitioner. Consequently, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail to the petitioner subject to conditions. The bail order required a bond of Rs.10,000 with two sureties and compliance with the lower court’s directions.

Issues considered

  • Whether anticipatory bail can be granted when the FIR contains general and omnibus allegations against the accused.
  • Whether the grant of anticipatory bail to a similarly situated co‑accused influences the decision on the petitioner’s bail.
  • Whether the delay in lodging the FIR and alleged political victimisation affect the bail determination.

Legislation cited

Subjects

  • anticipatory bail
  • general allegation
  • political victimisation
  • IPC assault
  • Section 482
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2406 of 2026
                         Arising Out of PS. Case No.-204 Year-2020 Thana- JADIA District- Supaul
                 ======================================================
                 Abhinash Singh @ Avinash Kumar Singh Son of Ful Singh Resident of
                 village-Harinaha, PS-Jadia Dist- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prafull Chandra Thakur, Advocate
                 For the Opposite Party/s :        Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                     Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Jadiya Police Station Case No. 204 of 2020, dated

                   25.10.2020, disclosing offences punishable under Sections

                   341/323/307/504/506/34 of the Indian Penal Code.

                                   3. The prosecution case, as per the First Information

                   Report, is that on 31.10.2020, the son of the informant was

                   fishing from the pond, in the meanwhile, the petitioner along

                   with other accused persons armed with lathi, danda etc. arrived

                   there and started assaulting him. It has been alleged that the

                   petitioner and co-accused Sintu Singh assaulted by means of

                   lathi due to which the informant’s son sustained injury on his

                   head.
Patna High Court CR. MISC. No.2406 of 2026(2) dt.28-01-2026
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                          4. Learned Counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          false case due to village politics. He further submits that

          occurrence has taken place on 25.10.2020 but the FIR has been

          lodged after much delay of six days i.e. on 31.10.2020. The

          allegation against the petitioner is general and omnibus in nature

          and there is specific allegation of assault in the FIR is against co-

          accused Sintu Singh. He further submits that anticipatory bail

          application of co-accused Sintu Singh has been rejected by the

          coordinate Bench of this in Cr. Misc. 61198 of 2025. However,

          co-accused Ravindra Singh @ Damdam Singh having similar

          allegation as that of the petitioner was granted anticipatory bail

          by the coordinate Bench of this Court in the aforesaid Cr. Misc.

          application.

                          5. Regards being had to the submissions advanced

          on behalf of the parties and taking into consideration the genesis

          of occurrence and the fact that there is general and omnibus

          allegation against the petitioner and similarly situated co-accused

          has been granted anticipatory bail by a coordinate Bench of this

          Court, I am inclined to grant the petitioner privilege of

          anticipatory bail.

                          6. This application is, accordingly, allowed.
            Patna High Court CR. MISC. No.2406 of 2026(2) dt.28-01-2026
                                                        3/3




                                      7. Let the petitioner, above named, in the event of

                      his arrest or surrender before the Court below within a period of

                      four weeks from today, be released on bail on furnishing bail

                      bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate, Supaul, in connection with Jadiya Police

                      Station Case No. 204 of 2020, subject to the condition laid down

                      under Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.


                                               (Anil Kumar Sinha, J)

khushbu/-

U      T


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