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Patna High Court

Abhishek Kumar Singh @ Manoj Singh @ Abhishek SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted as the FIR contains only general allegations against the petitioner and no specific overt act is alleged.

Summary

The petitioner, Abhishek Kumar Singh, sought bail in a criminal case (PS Case No. 592 of 2025) where the FIR alleged offences under Sections 126(2), 115(2), 109, 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita. The petitioner argued that the FIR specifically implicated co‑accused Prashant Singh and Satendra Singh, while only a vague, omnibus allegation was made against him, and he claimed a clean antecedent. The State opposed bail. The court examined whether the lack of a specific allegation against the petitioner justified granting bail and considered the discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Finding that the FIR did not allege any overt act by the petitioner, the court ordered bail on the condition of a Rs.10,000 bond with two sureties, subject to the usual conditions. The bail order was conditioned on surrender within eight weeks and compliance with Section 482.

Issues considered

  • Whether bail can be granted when the FIR contains only general allegations against the petitioner and no specific overt act.
  • Whether the discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the court to enlarge bail in such circumstances.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • FIR
  • general allegation
  • specific allegation
  • Section 482
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8012 of 2026
                     Arising Out of PS. Case No.-592 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Abhishek Kumar Singh @ Manoj Singh @ Abhishek Singh S/O Deo Narayan
                 Singh R/O Village- Dev Bahuara, P.S- Marhaura, Distt.- Saran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Mishra
                 For the Opposite Party/s :      Mr.Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 109,

                   351(2), 352, 3(5) of the Bhartiya Nyaya Sanhita.

                                3. Learned counsel for the petitioner submits that

                   from bare perusal of F.I.R., it is apparent that specific accusation

                   of assault is against co-accused Prashant Singh and Satendra

                   Singh. So far as this petitioner is concerned, there is general &

                   omnibus allegation and no specific overt act has alleged against

                   him. Petitioner claims clean antecedent.

                                4. Learned A.P.P. for the State opposes the bail

                   petition.

                                5. In the facts and circumstances of the case, let the
           Patna High Court CR. MISC. No.8012 of 2026(2) dt.20-02-2026
                                                       2/2




                     above named petitioner, in the event of arrest/surrender within a

                     period of eight weeks from today, be enlarged on bail on

                     furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     C.J.M., Saran, Chapra in connection with Madhaura / Marhaura

                     P.S. Case No. 592 of 2025, subject to condition as laid down

                     under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                     2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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