Patna High Court
Abadh Prasad @ Abadh Prasad Singh @ Avadh Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted subject to a cash bond of Rs 10,000, two sureties of the same amount, and conditions of monthly police‑station attendance and trial cooperation.
Summary
The petitioner, Abadh Prasad Singh, a 72‑year‑old man, was arrested on 21 March 2026 in connection with a police case alleging that he opened and operated three to four mule accounts in the names of women, offences charged under Sections 318(2), 336(3), 338, 340(2) and 112(2) of the Bharatiya Nyaya Sanhita, 2023. He pleaded innocence, asserted that he has no prior criminal record and sought regular bail. The State opposed the bail application, contending the seriousness of the alleged offences. The Court, taking note of the petitioner’s advanced age, inclined to grant bail despite not being persuaded on the merits of the case. Accordingly, the Court ordered his release on bail upon furnishing a cash bond of Rs 10,000 with two sureties of equal amount, subject to monthly attendance at the Salimpur Police Station and regular cooperation in the trial. The order expressly stated that the observations were prima facie and not intended to influence the substantive trial proceedings.
Issues considered
- Whether a 72‑year‑old accused charged with offences under Sections 318(2), 336(3), 338, 340(2) and 112(2) of the Bharatiya Nyaya Sanhita is eligible for regular bail.
- Whether the conditions imposed by the Court are sufficient to justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 318(2), 336(3), 338, 340(2)
Subjects
- regular bail
- age factor
- Bharatiya Nyaya Sanhita
- mule accounts
- criminal procedure
- cash bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43612 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- SALIMPUR District- Patna
======================================================
Abadh Prasad @ Abadh Prasad Singh @ Avadh Prasad Singh Son of late
Radhe Prasad Singh @ Late Radhe Prasad Resident of Village - Muradpur,
P.S.- Salimpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.k. Agrawal, Sr. Advocate
Mr. Vijay Anand
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard the learned Senior Counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Salimpur P.S. Case No. 86 of 2026 registered for the offence
under Section(s) 318(2), 336(3), 338, 340(2) and 112(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. From the FIR, it appears that the petitioner has
opened and operated three to four mule accounts in the name of
woman.
4. Learned Senior counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. Petitioner is in custody since 21.03.2026 and has no
criminal antecedent. It is also submitted that the petitioner is an
Patna High Court CR. MISC. No.43612 of 2026(2) dt.06-07-2026
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old aged person aged about 72 years.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the age of the petitioner, I am inclined
to grant regular bail, although on the merits of the case, I am not
inclined to do so.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Salimpur P.S. Case
No. 86 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Salimpur Police Station on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.43612 of 2026(2) dt.06-07-2026
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adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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