Patna High Court
Abhishek Singh @ Abhishek Kumar Singh @ Abhishek KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Abhishek Singh, was arrested in connection with a robbery allegedly committed by three unknown assailants and charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based solely on a confessional statement of a co‑accused, with no material recovered from the petitioner’s possession and the petitioner’s name not appearing in the FIR. The petitioner’s counsel argued that the confession lacks evidentiary value, there is no recovery of looted articles, and no T.I. parade has been conducted, despite the petitioner having ten prior criminal antecedents. The State opposed bail, but the court considered the lack of direct evidence and the period of custody already served. Consequently, the court granted bail subject to a bond of Rs. 15,000 with two sureties and imposed conditions regarding appearance, non‑tampering with evidence, and future offences.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 in the absence of direct evidence and with prior criminal antecedents
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal law
- robbery
- evidence
- confession
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90000 of 2025
Arising Out of PS. Case No.-621 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Abhishek Singh @ Abhishek Kumar Singh @ Abhishek Kumar S/O
Manoranjan Singh @ Munna Singh R/O Village- Sandha Khemaji Tola,
Police station- Chapra Muffsill, District- Saran, Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and perused the case diary.
2. The petitioner seeks bail in connection with Chapra
Muffasil P.S. Case No. 621 of 2024, instituted for the offences
punishable under Section 309(4) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that, three
unknown miscreants on the point of pistol looted articles from
the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.90000 of 2025(2) dt.16-01-2026
2/3
the petitioner also submits that the petitioner is not named in the
FIR. Name of the petitioner has transpired on the basis of
confessional statement made by co-accused, namely, Rahul
Kumar Vishwakarma and the same has got no evidentiary value.
It is further submitted that no recovery of looted articles have
been made from the possession of the petitioner. No T.I. parade
has been conducted in this case. The petitioner is in custody
since 24.02.2025 and has got ten criminal antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Chapra Muffasil P.S. Case No. 621 of
2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.90000 of 2025(2) dt.16-01-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) 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.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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