Patna High Court
Ashok Chaurasiya @ Ashok Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 3(5), 96
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
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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//-
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