Patna High Court
Akshay Singh @ Akshay Kumar @ Vijay Singh @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioners because of the specific and grave nature of the accusations and the seriousness of the offences.
Summary
The petitioners, Akshay Singh and Dhananjay Singh, were charged with offences under several sections of the B.N.S., including assault and homicide, for allegedly attacking the father of an informant on 14-06-2025, leading to his death. They applied for bail, claiming innocence and asserting that they were falsely implicated due to a long‑standing land dispute, and highlighted their lack of prior criminal record and prolonged pre‑trial custody since 11-08-2025. The State opposed bail, emphasizing the specific and grave nature of the accusations and the seriousness of the offences. The Court examined the direct accusations, the gravity of the alleged crime, and the statutory provisions, and concluded that bail could not be granted. Consequently, the bail petition was rejected, and the trial court was directed to expedite the trial within one year of receiving this order.
Issues considered
- Whether bail should be granted to the accused under the listed sections of the B.N.S. given the seriousness of the alleged offences
- Whether the accused can be considered innocent and falsely implicated due to a land dispute
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- land dispute
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9419 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- DORIGANJ District- Saran
======================================================
1. Akshay Singh @ Akshay Kumar @ Vijay Singh @ Vijay Kumar S/o- Late
Dhup Narayan Singh R/o Village- Dumri Tikuliya PS- Doriganj Distt- Saran
2. Dhananjay Singh S/o- Late Dhup Narayan Singh R/o Village- Dumri
Tikuliya PS- Doriganj Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Basant Kumar Singh, Advocate
Mr. Vishesh Kumar Singh, Advocate
For the State : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 109, 352,
351(2) and 3(5) of the B.N.S. and later on, Section 103(1) of the
B.N.S. was added.
3. As per prosecution case, it is alleged that on
14.06.2025, when father of informant was working in the field,
in the meantime, all the F.I.R. named accused persons, including
these petitioners, armed with lathi, farsa and iron rod, came and
assaulted father of informant due to which he died during course
Patna High Court CR. MISC. No.9419 of 2026(2) dt.18-02-2026
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of treatment.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have committed no offence.
As a matter of fact, on account of long standing land dispute
between the parties, petitioners have falsely been implicated in
this case. Moreover, charge-sheet has already been submitted
and petitioners, having no criminal antecedents, are in custody
since 11.08.2025.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for grant of bail to the petitioners and
submitted that petitioners are named in the F.I.R. with specific
accusation that they, along with other accused persons, brutally
assaulted father of informant, due to which, father of informant
died during course of treatment. Petitioners are assailant of the
deceased.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of bail to the petitioners is rejected.
7. However, considering the fact that petitioners are in
custody since 11.08.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
Patna High Court CR. MISC. No.9419 of 2026(2) dt.18-02-2026
3/3
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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