Patna High Court
Ashok Sah @ Golu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specific conditions.
Summary
Ashok Sah was arrested on 9 January 2026 in connection with FIR dated 21 April 2025 (Kunauli P.S. Case No. 44 of 2025) for offences under several sections of the Bharatiya Nyay Sanhita, 2023, including assault with a deadly weapon and theft of a golden necklace. The prosecution alleged that the petitioner, along with co‑accused, assaulted the informant with an iron rod and snatched the necklace. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the alleged theft was merely ornamental with no intent to kill. He sought bail, while the State opposed it. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyay Sanhita, 2023
- Whether the petitioner’s alleged clean antecedent and lack of intent to kill justify bail
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- assault
- theft
- Bharatiya Nyay Sanhita
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30588 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- KUNAULI District- Supaul
======================================================
Ashok Sah @ Golu Sah son of Satya Narayan Sah R/o- Village- Kunauli, Ps-
Kunauli, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Shailendra Kumar Singh, learned
counsel for the petitioner as well as Mr. Nawal Kishore Prasad,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.01.2026 in connection with Kunauli P.S. Case No. 44 of
2025, F.I.R. dated 21.04.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2),
351(3), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
assaulted him by means of iron rod and snatched golden chakti
from his neck.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.30588 of 2026(2) dt.06-05-2026
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implicated in the present case. The present case is counter blast
of Kunauli P.S. Case no. 43 of 2025 filed on behalf of
petitioner’s side against the informant and his family members.
Although there is specific allegation against the petitioner that
he assaulted the informant but there was no intention to kill
anyone and the allegation of snatching golden chakti from the
neck of the informant is merely ornamental in nature. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
09.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate-I Class, Birpur in connection with Kunauli P.S. Case
No. 44 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. 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.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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