Abhyas Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51451 of 2026 Arising Out of PS. Case No.-141 Year-2025 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Abhyas Singh S/o Ramashish singh R/o Village - Kurwa Mathiya, P.S. - Kumarbagh, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Purushottampur P.S. Case No. 141 of 2025, registered for the offences under Sections 111(4), 310(4) of the BNS and Section 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, police received information about activities of the gang of the petitioner who were planning to commit some big crime. During checking of vehicles, two persons tried to run away with their motorcycle but they were apprehended and from the person riding pillion on the motorcycle namely Balwant Singh one pistol with live cartridge was recovered. The driver disclosed his name to be
2/4 Amit Kumar Pathak. The apprehended coaccused persons disclosed the name of this petitioner who was the gang leader and they were planning to commit dacoity. The apprehended coaccused persons further disclosed that they were taking this pistol to this petitioner.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. From the FIR, it is clear that no recovery has been made from person or possession of this petitioner and he was falsely implicated only on the basis of confessional statement of coaccused persons. Except for this disclosure statement of the other coaccused persons, there is no material against the petitioner showing his involvement in the whole occurrence in any manner. The police is hostile to the petitioner and has falsely implicated him in a number of cases. The petitioner is having antecedent of 11 cases and he is on bail in all these cases. The petitioner is in custody since 02.03.2026 and charge sheet has been submitted.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the
3/4 fact that no recovery of any incriminating article has been shown from this petitioner and also considering his period of custody and submission of charge sheet against him, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, Bettiah, West Champaran /concerned court, in connection with Purushottampur P.S. Case No. 141 of 2025 subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(iv)The petitioner will appear before the
4/4 concerned police station on every fortnight to mark his attendance.
(Arun Kumar Jha, J) Anuradha/- U T