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Patna High Court

Ashok Yadav @ Ashok singhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to specified conditions.

Summary

Ashok Yadav was arrested on 2 August 2025 in connection with FIR dated 15 July 2025 alleging that he, along with others, fired guns, grenades and other weapons during an incident at an informant's house. He was charged under Sections 351(2), 109, 3(5) of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that the FIR was fabricated, that he only fired in the air and caused no injury, and that no injury report existed. The State opposed bail, highlighting a specific allegation against the petitioner and his antecedent of twenty‑one criminal cases. The High Court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S. and the Arms Act.
  • Whether the absence of an injury report and the claim of firing in the air negate the seriousness of the charge for bail purposes.
  • Whether the petitioner’s extensive criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • assault
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14268 of 2026
                      Arising Out of PS. Case No.-219 Year-2025 Thana- KARAHGAR District- Rohtas
                 ======================================================
                 Ashok Yadav @ Ashok singh S/o Dashrath Yadav @ Bhuvar Yadav R/o
                 Village - Pakhanari, P.S - Shivsagar, District - Rohtas

                                                                                   ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   14-05-2026                        Heard Mr. Babu Nandan Prasad, learned counsel

                   for the petitioner and Mr. Kumar Veerendra Narayan learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.08.2025 in connection with Kargahar P.S. Case No. 219 of

                   2025 for the offences punishable under Sections 351(2), 109,

                   3(5) of BNS and Section 27 of the Arms Act.

                               3. The case of the prosecution, in brief, is that on

                   15.7.2025 at about 4 P.M. (day) informant’s villagers namely

                   Dheeraj Singh, Sugriv Singh, Sanjay Singh and Nitish Singh, all

                   are sons of Ghurahu Singh alongwith the petitioner and four

                   unknown persons having in their hand Gun, Garasa, Farsa, Lathi

                   and danda came at house of the informant and they challenged

                   to him, out of that co-accused Dheeraj Singh fired from pistol in
Patna High Court CR. MISC. No.14268 of 2026(4) dt.14-05-2026
                                            2/4




          his hand and the petitioner also fired from Gun and co-accused

          Sugriv Singh having with Garasa and Nitsh Singh having with

          Bhala. But they managed to hide after saving their lives

          somehow. On the basis of self-written application of the

          informant the F.I.R. bearing Kargahar P.S. case no.219 of 2025

          dated 15.7.2025 under sections 351(2), 109, 3(5) of B.N.S.,

          2023 and 27 Arms Act against co-accused persons including this

          petitioner was registered and the investigation was started by the

          police.

                      4.    Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          further submitted that the allegation as alleged in the FIR is

          forged and fabricated and the petitioner has not committed any

          offence as alleged in the FIR. It is next submitted that although

          the petitioner is named in the FIR but there is no specific

          allegation of assault or overt act against the petitioner rather the

          allegation against the petitioner is that he has fired in the air but

          no one has received the injury. It is next submitted that even no

          injury report is available in the case diary which suggests that

          no one has received the injury in the present occurrence. It is

          next submitted that the police after investigation has submitted

          charge-sheet and petitioner is in custody since 02.08.2025.
Patna High Court CR. MISC. No.14268 of 2026(4) dt.14-05-2026
                                            3/4




                      5. The learned Additional Public Prosecutor for State

          and has vehemently opposed the prayer for bail of the petitioner

          and submits that there is direct and specific allegation against

          the petitioner. Apart from that petitioner has antecedent of

          twenty-one cases other than the present case but fairly submits

          that out of twenty-one cases, petitioner is on bail in eighteen

          cases, three cases are pending for consideration before the court

          of competent law.

                      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 ACJM-IV,

          Sasaram, Rohtas in connection with Kargahar P.S. Case No. 219

          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

          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.
           Patna High Court CR. MISC. No.14268 of 2026(4) dt.14-05-2026
                                                       4/4




                                  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)
Gaurav Sinha/-

U      T


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