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Patna High Court

Ashok Chaurasiya @ Ashok Kumar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions of cooperation, presence, and non‑tampering with evidence.

Summary

The petitioner, Ashok Chaurasiya, was arrested on 12‑12‑2025 in connection with a kidnapping case (PS Case No. 464 of 2025) under Sections 96 and 3(5) of the B.N.S., 2023. He applied for bail, claiming a clean antecedent and asserting that the allegations were fabricated because his son had eloped with the victim. The informant and the State opposed bail, contending that the petitioner participated in the kidnapping. The Court examined the facts, the nature of the offence and the petitioner’s alleged lack of prior criminal record. It held that bail could be granted provided the petitioner complied with strict conditions, including cooperation with the trial, presence in court, and no tampering with evidence. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the stipulated conditions.

Issues considered

  • Whether bail should be granted to the petitioner in a kidnapping case under Sections 96 and 3(5) of the B.N.S., 2023.
  • Whether the petitioner’s alleged clean antecedent and claim of false implication justify bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • criminal procedure
  • Bihar
  • Sections 96
  • Section 3(5) B.N.S.
  • false implication
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18480 of 2026
                 Arising Out of PS. Case No.-464 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Ashok Chaurasiya @ Ashok Kumar Prasad S/o- Lalbabu Prasad Chaurasiya
                 @ Premchand Prasad Chaurasiya @ Premchand Prasad R/v- Bhagwanpur Ps-
                 Garahiya Bazar Dist- East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Shashi Shekhar Singh S/o- Late Bali Singh R/v- Narayanpur Ps- Madhuban,
                 Dist- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ajay Kumar Thakur, Advocate
                 For the Informant      :        Ms. Harsha Sashwat, Advocate
                 For the State          :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                     Heard Mr. Ajay Kumar Thakur, learned counsel for

                   the petitioner, Ms. Harsha Sashwat, learned counsel for the

                   Informant and Mr. Shailendra Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   12.12.2025, in connection with Madhuban P.S. Case No. 464 of

                   2025, F.I.R. dated 08.12.2025               registered for the offences

                   punishable under Sections 96, 3(5) of the B.N.S., 2023.

                                 3. Allegation against the petitioner is that he along

                   with other co-accused persons have kidnapped the victim.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.             He further submits that the
Patna High Court CR. MISC. No.18480 of 2026(2) dt.24-03-2026
                                            2/3




          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          In fact, the son of the petitioner was in love with the victim girl

          and both fled away and till date they have not apprehended as

          yet and the petitioner has been made accused in the present case

          merely on the ground that the petitioner is the father of co-

          accused person, namely, Aditya Raj. The petitioner is in custody

          since 12.12.2025.

                       5. Learned counsel for the Informant and learned

          Additional Public Prosecutor for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner has participated in the present crime

          in question and the son of the petitioner has abducted the

          victim.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned 7th District & Additional Sessions Judge-cum-Special

          Judge, POCSO Act, East Champaran, Motihari in connection

          with Madhuban P.S. Case No. 464 of 2025, subject to the

          following conditions :-
               Patna High Court CR. MISC. No.18480 of 2026(2) dt.24-03-2026
                                                           3/3




                                      (1) 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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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