Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Ashish Kumar, was arrested in connection with a case registered under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly shooting the husband of the informant, resulting in his death. The informant, a wife, claimed that the petitioner and two others attacked them while returning home on a motorcycle and that the petitioner fired the fatal shot. The petitioner contended that he was falsely implicated, arguing that the FIR initially implicated all three accused but later singled him out. The State and the informant opposed bail, asserting that the petitioner was the principal assailant and that the offence was serious. After hearing both sides, the court found the allegations sufficient to deny bail and rejected the petitioner's regular bail application.
Issues considered
- Whether bail should be granted to the petitioner in offences punishable under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
- Whether the petitioner’s claim of false implication is sufficient to merit bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- murder
- arms act
- false implication
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13028 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Ashish Kumar Son of Vijal Singh (As per FIR aged about 25 years), Resident
of Village- Medninagar, P.S.- Chautham, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Adv.
For the Opposite Party/s : Ms. Madhuri Lata, APP
For the Informant : Mr. Uday Chand Prasad, Adv.
Mr. Manoj Kumar, Adv.
Ms Pooja Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner seeks bail in connection with
chautham P.S. Case No. 90 of 2025 registered for the offences
punishable under Sections 103(1), 61(2) of the Bharatiya Nyaya
Sanhita, 2023 and section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and is in custody since
15.04.2025 and the informant alleges that she along with her
husband on 09.04.2025 at 7.30 P.M. were returning to their
house on motorcycle, when three accused persons came from
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behind on a motorcycle and dashed their motorcycle, hence they
fell and Ashish (petitioner), Sonu and Ritesh started firing and
petitioner shot her husband causing injury on head, leading to
his death.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant initially alleges that all the three accused fired but
then subsequently alleged that it was petitioner who fired
leading to death of her husband.
5. Learned APP and the learned counsel appearing on
behalf of the informant opposes the prayer for bail of the
petitioner. Learned counsel for the informant submits that wife
is the informant and no wife would falsely implicate someone
who was not associated with the occurrence of killing of her
husband. It is further submitted that petitioner is the main
assailant.
6. After hearing the learned counsel for the parties and
also taking into submissions made by the learned counsel
appearing on behalf of the informant, the Court is not inclined to
release the petitioner on bail.
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7. Accordingly, the regular bail application of the
petitioner is rejected.
(Satyavrat Verma, J)
amit/-
U T
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