Patna High Court
Abhishek Kumar Singh @ Manoj Singh @ Abhishek SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352
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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