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Patna High Court

Abhishek Singh @ Abhishek Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with conditions.

Summary

The petitioner, Abhishek Singh, was arrested in connection with a case involving the alleged exploitation and torture of two minor girls at a local orchestra, charged under several provisions of the Bhartiya Nyaya Sanhita, the Child Labour (Prevention and Regulation) Act, 1986 and the Juvenile Justice Act, 2015. He contended that he was implicated solely on suspicion with no direct evidence and had been in custody since 21 November 2025. The State opposed his bail, while the petitioner highlighted that a co‑accused in the same case had been granted bail by a coordinate bench. The Court, noting the length of his pre‑trial detention and the precedent of bail to the similarly situated co‑accused, allowed the bail application subject to monetary and procedural conditions. Accordingly, the petitioner was released on bail of Rs.10,000 with two sureties and specific compliance requirements.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges under the Bhartiya Nyaya Sanhita, Child Labour Act and Juvenile Justice Act.
  • Whether the absence of direct evidence and the prolonged pre‑trial custody justify bail.
  • Whether the grant of bail to a co‑accused in the same case mandates similar relief to the petitioner.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • child labour
  • juvenile justice
  • sexual exploitation
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5755 of 2026
                       Arising Out of PS. Case No.-78 Year-2025 Thana- MAHILA P.S. District- Siwan
                 ======================================================
                 Abhishek Singh @ Abhishek Kumar Singh Son of Sri Dilip Singh @ Dilip
                 Kumar Resident of Village - Dharmbari, P.S. - Baikunthpur, District -
                 Gopalganj.
                                                                         ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Prabhakar Singh, Advocate
                                                    Mr. Sumit Kumar, Advocate
                                                    Ms. Ritika Kumar, Advocate
                                                    Mr. Anubhav Vatsa, Advocate
                                                    Mr. Pranav Bhaskar, Advocate
                 For the Opposite Party :           Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   25-03-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2.       The petitioner seeks bail in connection with

                   Mahila P.S. Case No.78 of 2025 dated 21.11.2025 instituted for

                   the offence punishable under Sections 127(2), 318(4), 143, 338,

                   336(3), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and

                   Section 14(1) of the Child Labour (Prevention and Regulation)

                   Act, 1986 and Section 79 of the Juvenile Justice Act, 2015.

                                      3.       The prosecution case, in short, is that on the

                   alleged date of occurrence, the informant along with other

                   police personnel conducted a raid at Sitara Orchestra, Madarpur

                   and recovered two minor girls, who disclosed that the accused

                   persons used to compel and torture them to dance on indecent

                   songs.
Patna High Court CR. MISC. No.5755 of 2026(3) dt.25-03-2026
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                          4.      Learned counsel for the petitioner submits

          that the petitioner is innocent and he has been implicated in this

          case only on the basis of suspicion without any direct evidence.

          He further submits that the petitioner is in custody since

          21.11.2025 without any fault and similarly situated co-accused

          Mannu Kumar @ Manu Kumar @ Abhimannu Kumar has been

          granted bail by a co-ordinate Bench of this Court vide order

          dated 23.02.2026 passed in Criminal Miscellaneous No.2945 of

          2026.

                          5.      Learned APP for the State has vehemently

          opposed the prayer of the petitioner for grant of bail.

                          6.      Considering the period of custody of the

          petitioner and also the fact that similarly situated co-accused has

          been granted bail by a co-ordinate Bench of this Court, this bail

          application is allowed.

                          7.      Let the petitioner, above named, be released

          on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Sub-Divisional Judicial Magistrate, Siwan / concerned

          Court below, in connection with Mahila P.S. Case No.78 of

          2025, subject to the following conditions:-

                               i. Petitioner shall co-operate in the trial and
              Patna High Court CR. MISC. No.5755 of 2026(3) dt.25-03-2026
                                                          3/3




                                                shall be properly represented on each and

                                                every date fixed by the Court and on his

                                                absence on two consecutive dates without

                                                sufficient reason, his bail bond shall be

                                                cancelled by the Court below.

                                          ii.   Both the bailors will be the close relatives of

                                                the petitioner.

                                          iii. The petitioner within two weeks after his

                                                release     from      custody   shall   mark   his

                                                attendance at Baikunthpur Police Station,

                                                Gopalganj on first Sunday of every month.

                                                Any default in appearance at the police

                                                station will result in cancellation of bail

                                                bonds of the petitioner.



                                                                (Sandeep Kumar, J)

pawan/-

U         T


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