Patna High Court
Abhishek Singh @ Avishek SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to strict conditions, finding no compelling reason to keep him in custody.
Summary
Abhishek Singh was arrested on 17 June 2025 in connection with a kidnapping case filed under Sections 137(2) and 140(3) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the informant’s daughter was abducted and that Singh was one of the unknown mobile phone holders involved. Singh’s counsel argued that he has a clean antecedent, was not named in the FIR, and that the allegations were fabricated, citing the victim’s statement recorded under Sections 180 and 183 of the same Act. The Additional Public Prosecutor opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was issued with a directive that any breach of conditions could lead to cancellation.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 137(2) and 140(3) of the Bharatiya Nyay Sanhita, 2023?
- Whether the allegations against the petitioner constitute a false or fabricated case warranting continued detention?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 140(3), 180, 183
Subjects
- bail
- kidnapping
- false implication
- criminal antecedent
- Bharatiya Nyay Sanhita
- Section 137
- Section 140
- Section 180
- Section 183
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79266 of 2025
Arising Out of PS. Case No.-326 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Abhishek Singh @ Avishek Singh Son of Kapildeo Singh Resident of Village-
Semariya Koeri Tola, P.S.- Nautan, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Bijay Prakash Singh, learned counsel for
the petitioner as well as Mr. Humayou Ahmad Khan, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.06.2025 in connection with Basantpur P.S. Case No. 326 of
2025, F.I.R. dated 23.05.2025 for the offences punishable under
Sections 137(2), 140(3) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant's
daughter went traceless when she went to Shahar Kola Bazar. It
is further alleged that the informant got several calls on two
mobile phones and when he called back, the caller abused him
and the informant suspects that the caller had kidnapped his
daughter.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.79266 of 2025(4) dt.29-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. From bare perusal of the
FIR it appears that petitioner is not named in the FIR. The
present case has been lodged against two unknown mobile
holders and the victim girl, who is major has been recovered and
her statement was recorded under Section 180 and 183 BNSS in
which she has stated that petitioner had kidnapped her and
petitioner had established physical relation with her. He further
submits that date of occurrence is on 21.05.2025 and FIR
instituted on 23.05.2025 and the victim was recovered on
16.06.2025 and mobile location of both the victim and the
petitioner suggest that they were in touch with each other
deliberately and the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 17.06.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned Additional
Patna High Court CR. MISC. No.79266 of 2025(4) dt.29-01-2026
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Chief Judicial Magistrate-I, Siwan in connection with Basantpur
P.S. Case No. 326 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed 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. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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