Patna High Court
Abhishek Singh @ Abhishek Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bhartiya Nyaya Sanhita, 2023 — s. 127(2), 143, 318(4), 336(3), 338, 3(5), 61(2)
- Juvenile Justice Act, 2015 — s. 79
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
2/3
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
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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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