Patna High Court
Ashok Bhagat @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
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
Checking your session…