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Patna High Court

Abhishek Singh @ Avishek SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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