Patna High Court
Ashlok Kumar @ Ashlok Kumar Singh @ Ashlok SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to bail and ordered his release on a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Ashlok Kumar, was implicated in a case involving alleged conspiracy to commit violent offences and illegal possession of firearms, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959. The prosecution’s case rested solely on the statement of a co‑accused who was caught during a police raid; the petitioner was not arrested at the scene and no incriminating article was recovered from him. He had been in custody since 13 October 2025 and a chargesheet had already been filed. The petitioner argued that the evidence against him was weak and that his prolonged pre‑trial detention violated his right to liberty. The court, after considering the lack of direct evidence and the four‑month detention, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and the reliance solely on a co‑accused's statement.
- Whether the prolonged pre‑trial custody of four months without arrest at the scene warrants the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 317(2), 317(5), 318(4), 336(3), 338
Subjects
- regular bail
- co‑accused testimony
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11186 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- TARAIYA District- Saran
======================================================
Ashlok Kumar @ Ashlok Kumar Singh @ Ashlok Singh Son of Sanoj Kumar
Singh @ Raj Kumar Singh @ Sikari Singh @ Sikari R/o Village - Shitalpatti,
Post and P.S. - Taraiya, Dist. - Saran, Pin - 841424.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Taraiya P.S. Case no. 89
of 2025 registered under sections 317(2), 317(5), 318(4), 338,
336(3), 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023
and sections 25(1-B)a, 26 and 35 of the Arms Act, 1959.
3. As per the prosecution case, the informant states
that on receiving information about the accused persons having
gathered and planning to give effect to an occurrence, a raid was
conducted. In the raid while four accused persons were caught,
two persons managed to escape. The persons who were caught
disclosed the names of the two persons who had managed to
escape and which included the petitioner herein. It is further
Patna High Court CR. MISC. No.11186 of 2026(2) dt.25-02-2026
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stated that from the accused who were caught, various articles
including three loaded country made pistols were recovered.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. From the contents
of the FIR, it would transpire that neither the petitioner was arrested
at the spot nor any incriminating article recovered from his
possession. The only material against him is the statement of a co-
accused made before police. The case of the petitioner stands on a
better footing than some of the co-accused namely Sandeep Kumar
and Vikash Kumar who were caught at the place of occurrence and
have been enlarged on bail vide orders brought on record as
Annexure-P/2 series. The petitioner is in custody since 13.10.2025
and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner not having been arrested at the spot, no
incriminating article having been recovered from the petitioner’s
possession, the only material against him being the statement of
a co-accused made before police together with the petitioner
having remained in custody for four months since 13.10.2025
Patna High Court CR. MISC. No.11186 of 2026(2) dt.25-02-2026
3/3
and chargesheet having been submitted in the case, the Court
directs the petitioner to be enlarged on bail in connection with
Taraiya P.S. Case no. 89 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Saran.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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