Patna High Court
Ashok Yadav @ Ashok singhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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.
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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.
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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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