Patna High Court
Aashish Yadav @ Aashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The regular bail application of the petitioner is rejected.
Summary
The petitioner, Aashish Yadav, was arrested in connection with a violent incident at a rice mill where several persons allegedly assaulted a truck driver, vandalised vehicles, looted money and fired weapons. The FIR charges him with offences under Sections 191(2), 191(3), 190, 109, 303(2), 329(4), 352 and 351(2) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, alleging he snatched a chain and participated in the firing. The petitioner contended that he was falsely implicated, that the FIR does not specifically name him as the shooter, and that the main thrust of the allegation is against another accused. The State opposed bail, highlighting the petitioner’s antecedent of seven serious cases and the risk of absconding or tampering with evidence. After hearing both sides, the Court declined to grant regular bail, noting the seriousness of the charges and the petitioner’s criminal history, but allowed him to re‑apply after the charge‑framing stage. The bail application was therefore rejected.
Issues considered
- Whether regular bail should be granted to the petitioner despite serious charges and prior criminal antecedents
- Whether the petitioner poses a risk of absconding or tampering with evidence
- Whether the allegations in the FIR sufficiently implicate the petitioner to justify denial of bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 190, 191(2), 191(3), 303(2), 329(4), 351(2), 352
Subjects
- bail
- regular bail
- criminal procedure
- antecedent
- serious offences
- arms act
- false implication
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18605 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- GOGRI District- Khagaria
======================================================
Aashish Yadav @ Aashish Kumar S/O Pankaj Yadav @ Subodh Yadav
Resident of Village- Tofir Tola, K.D. College Road, P.S.- Gogri, District-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 191(2), 191(3), 190, 109,
303(2), 329(4), 352 and 351(2) of the BNS, 2023 read with
Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases and is in the custody
17.12.2025 and the informant alleges that on 25.07.2025 in
Patna High Court CR. MISC. No.18605 of 2026(2) dt.07-05-2026
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between 9-10:30 PM, he was at his rice mill when 8 accused
persons including petitioner came and started assaulting his
truck driver Sikandar, when informant tried to save him, the
accused persons vandalized three vehicles and assaulted
Sikandar brutally and Dharmendra looted Rs. two lakhs, while
petitioner snatched his chain, it is next alleged that the
informant tried calling 112, but there was no response, but
somehow the informant managed to reach the police station
when accused persons again came and started firing with an
intent to create terror, in the firing Manoj @ Aryan suffered
firearm injury on his right thigh, further police came when
accused fled leaving motorcycle number BR-51-K-2242, further
reason for the occurrence is Dharmendra was honking for pass,
but the road was narrow hence his truck driver Sikandar could
not give pass, which enraged Dharmendar and the occurrence
was committed.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is next submitted that from
perusal of that allegation as alleged in the FIR, it would
manifest that thrust of the allegation is against Dharmendra and
petitioner is alleged to have snatched the chain of the informant.
Patna High Court CR. MISC. No.18605 of 2026(2) dt.07-05-2026
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It is also submitted that even allegation of firing is alleged, but
then the same is not specific.
5. The Learned APP for the State vehemently
opposes the regular bail application of the petitioner and
submits petitioner has antecedent of seven serious cases, but
then fairly submits that in the FIR, it is alleged that petitioner
snatched the chain of the informant, but thereafter draws the
attention of the Court to the order impugned to submit that the
same records that at Para 76 of the case diary, it has come that
petitioner was also involved in firing, on which the learned
counsel appearing on behalf of the petitioner submits that from
perusal of the allegation as alleged in the FIR, it would manifest
that petitioner was known to the informant and if petitioner had
fired in that event, the informant would have specifically named
him in the FIR that it was petitioner who fired, but since he
carries antecedent of 7 cases, as such, during the course of
investigation he was roped with the said allegation also.
6. At this stage, the learned APP for the State submits
that if privilege of regular bail is granted, the petitioner may
abscond or try to tamper with the evidence
7. After hearing the learned counsel for the parties,
the Court is not inclined to release the petitioner on bail.
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8. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
9. Accordingly, the instant regular bail application
stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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