Patna High Court
Abhinash Singh @ Avinash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
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
2/3
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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