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Patna High Court

Akshay Singh @ Akshay Kumar @ Vijay Singh @ Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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