Patna High Court
Abhishek Kumar Singh @ Abhishek Kumar @ Abhishek Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
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