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Patna High Court

Ashok Bhagat @ Ashok KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the Special Judge’s order and granted bail to the appellant.

Summary

Ashok Bhagat was charged under multiple sections of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (POA) Act for allegedly firing a bullet at an informant. The Special Judge had rejected his regular bail application. The appellant contended that no injury report existed, he was not the assailant of any deceased, and he had a clean antecedent, having been in custody since 24‑06‑2025. The State opposed bail. The Patna High Court, considering the nature of the accusation and the period of custody, set aside the Special Judge’s order and granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the appropriate exercise of discretion by the Special Judge in granting or refusing bail in a case involving serious offences under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST (POA) Act?
  • Does the absence of an injury report and the appellant's clean antecedent justify granting bail despite the gravity of the charges?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • SC/ST (POA) Act
  • Arms Act
  • serious offences
  • injury report
  • clean antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4387 of 2025
                     Arising Out of PS. Case No.-334 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Ashok Bhagat @ Ashok Kumar Son of Late Harihar Bhagat R/o Village -
                 Koiriya, P.S. - Paru, Dist. - Muzaffarpur.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Dilip Kumar Son of Birendra Bhagat R/o Village - Koiriya Nizamat, P.S. -
                 Paru, Dist. - Muzaffarpur(Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Arun Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl. Public Prosecutor
                 For the R.No. 2         :        Mr. Upendra Kumar Chaubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   23-04-2026                  Heard learned counsel for the appellant, respondent

                   no. 2 and learned Spl. Public Prosecutor for the State.

                               2. The present appeal has been filed for setting aside

                   the order dated 17.09.2025 passed by learned Special Judge,

                   SC/ST (POA) Act, Muzaffarpur in connection with Paru P.S.

                   Case No. 334 of 2025 for the offences under Sections 191(2),

                   191(3), 190, 126(2), 115(2), 109, 103(1), 352, 351(2) & (3) of

                   the Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and

                   Sections 3(1)(r)(s) of the SC/ST (POA) Act whereby and

                   whereunder the prayer of the appellant for regular bail has been

                   rejected.

                               3. As per F.I.R., this appellant fired bullet upon the
              Patna High Court CR. APP (SJ) No.4387 of 2025(3) dt.23-04-2026
                                                           2/2




                        right hand of the informant.

                                     4. Learned counsel for the appellant submits that

                        though appellant is alleged to have fired bullet but there is no

                        injury report on record to substantiate the allegation. Appellant

                        is not alleged to be assailant of the deceased. Case and counter

                        case. Appellant claims clean antecedent and is in custody since

                        24.06.2025.

                                     5. Learned Spl. Public Prosecutor for the State

                        vehemently opposed the bail application.

                                     6. Considering the nature of accusation and period of

                        custody, this Court sets aside the impugned order and directs the

                        release of above named appellant on bail on furnishing bail-

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of learned Special Judge,

                        SC/ST (POA) Act, Muzaffarpur in connection with Paru P.S.

                        Case No. 334 of 2025.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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