Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Ashish Kumar was arrested on 30 July 2025 in connection with a case involving an alleged shooting by a co‑accused. The prosecution alleged that the petitioner’s name was derived from the confessional statement of another accused and that no third‑information report (TIP) had been filed. The petitioner argued that he has a clean antecedent, is not named in the FIR, and that the evidence against him is weak. The court noted the lack of a TIP, the petitioner’s clean record, and the reliance on a co‑accused’s confession, and therefore granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations and the reliance on a co‑accused’s confessional statement.
- Whether the absence of a TIP and the petitioner’s clean antecedent justify bail.
- Whether the petitioner’s name, not appearing in the FIR, can be sufficient grounds for continued detention.
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 1159(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- clean antecedent
- Arms Act
- Narcotic Substances Act
- third information report
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18342 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Ashish Kumar Son of Baleshwar Prasad R/o Village - Ramna, P.S. -
Sherghati, Dist. - Gaya Jee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Shailesh Kumar Singh, learned counsel
for the petitioner and Mr. Ram Sumiran Rai, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.07.2025 in connection with Sherghati P.S. Case No. 337 of
2025, F.I.R. dated 20.07.2025 for the offences punishable under
Sections 109, 126(2), 11592) and 3(5) of the BNS, 2023 and
Section 27 of the Arms Act.
3. According to prosecution case, while the informant
was walking in the garden, three accused persons on motorcycle
overtook him and co-accused Danish Ekbal fired upon him due
to which he received injury.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.18342 of 2026(2) dt.24-03-2026
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implicated in the present case. The petitioner is not named in the
FIR and his name has been transpired during investigation on
the basis of the confessional statement of the co-accused, Vicky
Kumar. He further submits that till date no TIP has been
conducted by the prosecution. He further submits that the police
after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 30.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, he is not named in the
FIR and his name has been transpired on the basis of the
confessional statement of the co-accused and no TIP has been
conducted by the prosecution, 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 Additional Chief Judicial Magistrate,
Sherghati, Gaya in connection with Sherghati P.S. Case No. 337
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
Patna High Court CR. MISC. No.18342 of 2026(2) dt.24-03-2026
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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.
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)
Vanisha/-
U T
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