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Patna High Court

Ashok Rai @ Ashok Kumar @ Ashok PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, directing the petitioners to be released on bail with conditions.

Summary

The petitioners, four residents of Hajipur Town, applied for anticipatory bail in a case registered under multiple sections of the B.N.S. and Section 27 of the Arms Act, alleging they were falsely implicated in an assault where the informant claimed they, along with others, attacked him with a sword and fired shots. The petitioners argued that the specific violent acts were attributed to other accused (Munna and Vipin) and that the allegations against them were vague and general. They emphasized their clean antecedents (except one petitioner with three prior cases) and assured cooperation with the investigation. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, directing that the bail may be cancelled if the petitioners fail to cooperate.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners despite the serious nature of the offences alleged.
  • Whether the allegations against the petitioners are specific enough to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • arms act
  • criminal procedure
  • section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17350 of 2026
                      Arising Out of PS. Case No.-692 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
           1.     Ashok Rai @ Ashok Kumar @ Ashok Prasad S/O Sri Balli Raii Resident of
                  Village- Ramchandra Rambhadra, P.S.-Hajipur Town, District- Vaishali.
           2.    Vikash Kumar S/o Sri Harendra Rai @ Harendra Ray Resident of Village-
                 Ramchandra Rambhadra, P.S.-Hajipur Town, District- Vaishali.
           3.    Nagendra Rai S/o Sri Shivji Rai Resident of Village- Ramchandra
                 Rambhadra, P.S.-Hajipur Town, District- Vaishali.
           4.     Sudhir Rai @ Sudhir Kumar S/o Sri Nagendra Rai Resident of Village-
                  Ramchandra Rambhadra, P.S.-Hajipur Town, District- Vaishali.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vasant Vikas
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER
2   18-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,

                   303(2), 352, 351(2) of the B.N.S. and Section 27 of the Arms

                   Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner nos.1, 2 and 4 are persons with clean antecedent

                   and petitioner nos.3 has antecedent of three cases and the

                   informant alleges that on 09.06.2025 at 9.25 P.M., he along with

                   Manoj were returning home after attending a feast when they
Patna High Court CR. MISC. No.17350 of 2026(2) dt.18-04-2026
                                            2/3




          were intercepted by eight named accused persons including the

          petitioners and Munna assaulted him by sword causing injury on

          head thereafter, all the accused started assaulting them and Vipin

          fired three rounds then police came.

                       4. The learned counsel for the petitioners submits that

          petitioners have 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 specific

          allegation of assaulting the informant by sword on head is

          against Munna and Vipin is alleged to have fired three rounds

          but then no one was injured in the firing. It is also submitted

          that allegation of firing has been made only to give seriousness

          to the case when no empty cartridges were recovered from the

          place of occurrence and seizure list would have been prepared.

          It is also submitted that Munna and Vipin are not petitioner in

          the instant anticipatory bail application and it is reiterated and

          submitted that as far as the petitioners are concerned the

          allegation against them is general and omnibus. It is further

          submitted that if privilege of anticipatory bail is granted the

          petitioner will not abscond rather will cooperate in the

          investigation to prove their innocence.

                       5. Learned A.P.P. opposes the anticipatory bail
            Patna High Court CR. MISC. No.17350 of 2026(2) dt.18-04-2026
                                                        3/3




                      application.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners, above-named, in the

                      event of their arrest or surrender before the learned Court below

                      within a period of six weeks, are directed to be released on

                      anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                      10,000/- (Rupees Ten Thousand) each with two sureties of the

                      like amount each to the satisfaction of the learned Trial Court

                      where the case is pending/successor Court in connection with

                      Hajipur Town P.S. Case No.692 of 2025, subject to the

                      conditions laid down under Section 482(2) of the B.N.S.S.

                                   7. The application stands allowed.

                                   8. It is made clear that if the investigating officer of

                      the case files an application before the learned Trial Court

                      bringing to its notice that petitioner despite giving assurance to

                      this Court are not cooperating in the investigation in that event

                      the learned Trial Court shall be at liberty to cancel the

                      anticipatory bail bond of the petitioners.


                                                (Satyavrat Verma, J)
khushbu/-

U      T


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