Patna High CourtCR. MISC./31185/2025bail granted

Abhyash Singh @ Abhyash Kumar Singh v. The State Of Bihar

2025-05-08Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31185 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Abhyash Singh @ Abhyash Kumar Singh S/O Ramshish Singh R/O VillKurwa Mathia, P.S- Kumarbag, Distt.-West Champaran at Bettiah. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kumarbag P.S. Case No. 66 of 2024, instituted for the offences punishable under Sections 126(2), 127(2), 115(2), 109, 119(1), 308(3), 308(4), 308(5), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the accused persons including the petitioner tied the hands and legs of the informant on the way, took out a pistol, put the same in the mouth of the informant and demanded five lakh rupees from him. They also threatened of killing if the demand is not fulfilled by him.

Patna High Court CR. MISC. No.31185 of 2025(2) dt.08-05-2025 2/3

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 the petitioner also submits that no specific allegation has been levelled against the petitioner, rather the same is general and omnibus in nature. The petitioner is no way concerned with the said occurrence. It is next submitted that no any recovery of arms have been made from the possession of the petitioner. The petitioner has been implicated in the present case only due to village level party politics and with a view to cause harassment. The petitioner is in custody since 15.01.2025 and has got eleven criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 28.01.2025 passed in Cr. Misc. No. 3212 of 2025.

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.

Patna High Court CR. MISC. No.31185 of 2025(2) dt.08-05-2025 3/3

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kumarbag P.S. Case No. 66 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(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.

(Rudra Prakash Mishra, J) Rajorshi/- U T