Created by Fuzzy Cloud

Patna High Court

Abhishek Kumar Singh @ Abhishek Kumar @ Abhishek Kumar SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the conditions specified by the Court.

Summary

The petitioner, Abhishek Kumar Singh, was arrested in connection with a case alleging that he supplied a walkie‑talkie used in cheating during an online examination, leading to charges under several sections of the B.N.S. Act. He contended that he was falsely implicated, that no incriminating material was recovered from his repair shop, and that the co‑accused’s statements did not specifically charge him. The State opposed bail, citing the seriousness of the offences. The High Court examined the lack of direct evidence, the petitioner’s clean antecedent, and the fact that he had been in custody since 18‑07‑2025. It ordered his release on bail of Rs 10,000 with two sureties, imposing conditions such as personal appearance at each trial date and verification of criminal antecedents. The order also stipulated cancellation of bail for non‑compliance and clarified that any observations would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S. Act
  • Whether the petitioner has been falsely implicated and lacks sufficient incriminating evidence
  • Whether the conditions imposed by the court are appropriate for ensuring the petitioner’s cooperation

Legislation cited

  • B.N.S. Act — s. 111(3), 111(4), 111(5), 111(6), 111(7), 318(2), 319(2), 336(3), 338, 340, 3(5), 61(2)(a)

Subjects

  • bail
  • criminal procedure
  • online examination cheating
  • false implication
  • conditions of bail
  • B.N.S. Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85363 of 2025
                 Arising Out of PS. Case No.-596 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Abhishek Kumar Singh @ Abhishek Kumar @ Abhishek Kumar Sinha S/O
                 Sri Janardan Prasad Resident of Village - Naya Tola, Kumhrar, P.S-
                 Agamkuan, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rakesh Kumar, Adv.
                 For the Opposite Party/s :     Mr.Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   06-01-2026                       Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with Ram

                   Krishna Nagar P.S. Case No. 596 of 2025                   dated 18.07.2025

                   registered for the offences punishable under Sections 318(2),

                   319(2), 336(3), 338, 340, 61(2)(a), 3(5) of the B.N.S. Act and

                   subsequently Sections 111(3), 111(4), 111(5), 111(6) and 111(7) of

                   the B.N.S. were added.

                                3.     As per the allegation leveled in the F.I.R., the

                   petitioner is said to have been providing Walke-talkie during the

                   course of cheating in the Online examination center by the other

                   co-accused persons.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.85363 of 2025(2) dt.06-01-2026
                                            2/3




          petitioner has been falsely implicated in this case. It has been

          submitted that the petitioner runs a shop wherein mobile and the

          other sets are repaired. However, the police conducted a raid and

          prepared the seizure list showing the recovery of all those mobile

          phones which were present in the shop and had come for reparing.

          It has further been submitted that the name of the petitioner has

          surfaced in the statements of the co-accused, Om Prakash Patel

          and Subodh Kumar Yadav. However no specific attribution has

          been levelled against the petitioner. It has next been submitted that

          no incriminating article has been recovered which would show

          that the petitioner was involved in committing cheat during the

          course of Online examination. It has lastly been submitted that the

          petitioner has clean antecedent and he is in custody since

          18.07.2025.

                       5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner.

                       6. Considering the facts and circumstances of the case,

          the petitioner is directed to be released on bail on his furnishing

          bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Judicial Magistrate-1st Class, Patna in connection with Ram

          Krishna Nagar P.S. Case No. 596 of 2025, subject to the following
           Patna High Court CR. MISC. No.85363 of 2025(2) dt.06-01-2026
                                                       3/3




                     terms and conditions :-

                                   (i) One of the bailors will be a close relative of the

                     petitioner.

                                   (ii) The petitioner shall remain physically present before

                     the concerned Court on each and every date of the trial and shall

                     cooperate in the investigation.

                                   (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bond of the petitioner

                     will liable to be cancelled by the Court concerned.

                                   (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                   7. It is made clear that the observations, if any, made in

                     this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-
U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.