Patna High Court
Ashok Rai @ Ashok Kumar @ Ashok PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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